HomeMy WebLinkAboutTWP 82 008 Comprehensive Zoning By-law Kincardine Township Restricted Area By-law 82-08 3
TOWNSHIP OF KINCARDINE
RESTRICTED AREA BY -LAW 82 -08
OFFICE CONSOLIDATION
JUNE, 1999
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TABLE OF CONTENTS
SECTION 1 - TITLE 1
SECTION 2 - APPLICATION OF BY -LAW 1
SECTION 3 - INTERPRETATION (TEXT) 1
SECTION 4 - ADMINISTRATIVE PROVISIONS 2
4.1 APPLICATIONS, PLANS AND PERMITS 2
4.2 CERTIFICATES OF O - C'.UPANCY 2
4.3 INSPECTION OF PREMISES 3
4.4 VIOLATIONS AND PENALTIES 3
4.5 REMEDIES 3
4.6 VALIDITY 4
4.7 LICENCES.,__PERMIIS AND OTHER BY - LAWS 4
4.8 GREATER RESTRICTIONS OF OTHERS TO GOVERN 4
4.9 HEALTH APPROVAL 4
4.10 METRIC AND IMPS IAL EQUIVALENTS 4
SECTION 5 - DEFINITIONS 5
SECTION 6 - GENERAL PROVISIONS FOR ALL ZONES 23
6.1 PERMITTED USES IN ALL ZONES 23
6.1.1 Public Buildings and/or Structures 23
6.2 MAKING OR ESTABLISHMENT OF PITS AND QUARRIES 24
6.3 NON - CONFORMING USES 24
6.4 NON - COMPLYING USES 25
6.5 FRONTAGE ON A PUBLIC STREET 25
6.6 ESTABLISHED BUILDING LINE SETBACK 25
6.7 EXTERNAL DESIGN 25
6.8 THROUGH LOTS 26
6.9 YARDS AND OPEN SPACE TO BE RESERVED 26
6.10 EXCEPTION TO MAXIMUM HEIGHT REGULATIONS 26
6.11 DWELLING UNIT B .L W BADE 26
6.12 PHYSICALLY UNSUITABLE LANDS 26
6.13 WATERCOURSE SETBACKS 27
6.14 PERMITTFILYARD ENCROACHMENTS 27
6.15 PLANTING PLANIING_AREAS 27
6.16 SETBACK FROM OS2 ZONE 28
6.17 OFF - STREET PARKING REGULATIONS 28
6.17.1 Required Number of Spaces 28
6.17.2 Calculation of Spaces 31
6.17.3 Size and Accessibility of Parking Spaces 31
6.17.4 Provisions and Location of Spaces 31
6.17.5 Application of Parking Requirements 32
6.17.6 StatingAcsa mmodation by Benches 32
6.17.7 Driveways 32
6.17.8 Surfacing and Drainage of Parking Areas and Access Lanes 33
6.17.9 Illumination of Parking Areas or Driveways 33
6.17.10 Landscaping 33
6.18 LOADING REGULATIONS 33
6.18.1 Required Number of Spaces 34
6.18.2 Access 34
6.18.3 Loading Space Dimensions 34
6.18.4 Location of Loading Space 34
6.18.5 _ .r , - .1 I •'t,• • s. - •te r_'v- • 35
6.18.6 Application of Loading Space Requirements 35
6.18.7 Landscaping 35
6.19 SIGHT VISi ILITY TRIANGLES 35
6.19.1 Corner ots on Municipal Streets 35
6.19.2 At Railway Grade Crossings 35
6.19.3 At Street Intersections with County or Provincial Roads 36
6.19.4 Railway Buffer 36
6.20 REDUCTION OF REQUIREMENTS 36
6.21 OPEN STORAGE REGULATIONS 37
6.21.1 Minimum Setbacks 37
6.21.2 Fencing 37
6.21.3 Surface Treatment 37
6.21.4 Parking and Loading Spaces to be Preserved 37
6.21.5 Lighting 38
6.22 ACCESSORY USES 38
6.22.1 Where Permitted 38
6.22.2 Lot Coverage 38
6.22.3 Location 38
6.22.4 Separation from the Main Building 38
6.22.5 When Permitted 38
6.23 ACCESSORY DWELLING UNIT CONTAINED WITHIN A NON-
RESIDENTIAL BUILDING OR STRUCTURE 38
6.23.1 Setbacks and Yards 39
6.23.2 Lot Area 39
6.23.3 Lot Frontage 39
6.23.4 Minimum Dwelling Unit Gross Floor Area 39
6.23.5 Number of Dwelli g Units 39
6.24 ACCESSORY DETACHED DWELLING 39
6.24.1 Provisions 40
6.25 HOME OCCUPATIONS 40
6.26 COUNTY OR PROVINCIAL ROAD RIGHT -OF -WAY SETBACKS 41
6.27 SIGNS 41
6.28 MUNICIPAL ROADS 42
6.28.1 Municipal Roads - Class 1 42
6.28.2 Municipal Roads - Class 2 42
6.29 ZONING OVER WATER BODIES 42
6.30 FENCING OF PRIVATELY OWNED OUTDOOR SWIMMING POOLS 42
6.31 MAXIMUM HEIGHT REGULATIONS 42
6.32 SATELLITE DISHES 43
SECTION 7 - ESTABLISHMENT OF ZONES 44
7.1 GENERAL 44
7.2 ZONE SYMBOLS 44
7.3 SPECIAL PROVISIONS FROM OTHER BY -LAWS 44
7.4 INCORPORATION OF ZONING MAP 45
7.5 ZONING AP 45
7.5.1 Boundaries of the Zones 45
7.5.2 Precedence of Schedules 45
7.5.3 Streets and Rights -of -Way 46
SECTION 8 - GENERAL PROVISIONS FOR ALL AGRICULTURAL ZONES - A 47
8.1 ACCESSORY D TACHED DWELLINGS 47
8.2 ' t I I I ' I !� u ► .- I t - _ - - 47
8.3 EXISTING LOTS 48
SECTION 9 - AGRICULTURAL ZONE 1 - (General Agriculture) - Al 50
9.1 USES PE MITTED 50
9.2 ZONE PROVISIONS 50
9.3 SPECIAL PROVISIONS 51
SECTION 10 - AGRICULTURAL ZONE 2 (Restricted Agriculture) - A2 64
10.1 SPECIAL PROVISIONS 64
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SECTION 11 - GENERAL PROVISIONS FOR ALL RESIDENTIAL ZONES - R 66
11.1 LOCATION OF ACCESSORY UILDIN 66
11.2 ' - u_ - - - -! a- I sk -I ct1 4.1t 66
11.3 STORAGE OF UNLICENSED VEHICLES AND TRAILERS 67
11.4 NUMBER OF BUILDINGS PER I OT 67
11.5 EXISTING LOTS 67
SECTION 12 - PROVISIONS FOR RESIDENTIAL ZONE 1 (Detached Residential) - R1 68
12.1 ESES_P.ERIIIIIIED 68
12.2 ZONE PROVISIONS 68
12.3 SPECIAL PROVISIONS 69
SECTION 13 - PROVISIONS FOR RESIDENTIAL ZONE 2 (Seasonal Residential) - R2 . 73
13.1 USES PERMITTED 73
13.2 ZONE PROVISIONS 73
13.3 PROVISIONS FOR ISLAND DEVELOPMENT 73
13.4 SPECIAL PROVISIONS 73
SECTION 14 - PROVISIONS FOR RESIDENTIAL ZONE 3 (Suburban Residential) R3 75
14.1 USES PERMITTED 75
14.2 ZONE PROVISIONS 75
14.3 SPECIAL PROVISIONS (CHANGE OF USE) 75
14.4 SPECIAL PROVISIONS 76
SECTION 15 - PROVISIONS FOR RESIDENTIAL ZONE 4 (Estate Residential) - R4 78
15.1 USES PERMITTED 78
15.2 ZONE PROVISIONS 78
15.3 SPECIAL PROVISIONS 78
SECTION 16 - PROVISIONS FOR RESIDENTIAL ZONE 5 (Mobile Home
Residential) - R5 79
16.1 USES PERMITTED 79
16.2 ZONE PROVISIONS 79
16.3 SPECIAL PROVISIONS 80
SECTION 17 - PROVISIONS FOR RESIDENTIAL ZONE 6 (Low Density Multiple
Residential) - R6 81
17.1 USES PERMITTED 81
17.2 ZONE PROVISIONS 81
17.4 SPECIAL PROVISIONS 82
SECTION 18 - PROVISIONS FOR RESIDENTIAL ZONE 7 (Medium Density Multiple
Family Residential) - R7 83
18.1 11SESTERMITTED 83
18.2 ZONE PROVISIONS 83
18.3 SPECIAL PROVISIONS 84
SECTION 19 - GENERAL PROVISIONS FOR ALL COMMERCIAL ZONES - C 85
19.1 MINIMUM SEPARATION OF COMMERCIAL BUILDINGS
FROM RESIDENTIAL ZONES 85
19.2 OUTSIDE STORAGE AND DISPLAY 85
19.3 LIGHTING 85
19.4 ACCESSORY RESIDENTIAL USES 85
19.5 PLANING AREAS 85
19.6 NUMBER OF BUILDINGS PER LOT 85
19.7 EXISTING LOTS 85
SECTION 20 - PROVISIONS FOR COMMERCIAL ZONE 2 (Hamlet Commercial) - C2 86
20.1 USES PERMITTED 86
20.2 ZONE PROVISIONS 86
20.3 PROVISIONS FOLACCESSORY DETACHED DWELLINGS 87
20.4 SPECIAL PROVISIONS 87
SECTION 21 - PROVISIONS FOR COMMERCIAL ZONE 3 (Highway Commercial) - C3 . 88
21.1 USES PERMITTED 88
21.2 ZONE PROVISIONS 88
21.3 PROVISIONS FOR ACCESSQRYDWELLINGS 89
21.4 SPECIAL PROVISIONS • 89
SECTION 22 - PROVISIONS FOR COMMERCIAL ZONE 5 (Travel Trailer Park and
Commercial Campground) -05 91
22.1 USES PERMITTED 91
22.2 ZONE PROVISIONS 91
22.7 SPECIAL PROVISIONS 92
SECTION 23 - PROVISIONS FOR COMMERCIAL ZONE 6 (Rural Commercial) - C6 93
23.1 USES PERMITTED 93
23.2 ZONE PROVISIONS 93
23.3 '0 S e' i •' DW L__► 94
23.4 SPECIAL PROVISIONS 94
SECTION 24 - GENERAL PROVISIONS FOR ALL INDUSTRIAL ZONES - M 95
24.1 DUFFER ON LANDS ADJOINING RESIDENTIAL ZONES 95
24.2 RAILWAY SPUR LINES 95
24.3 REQUIRED SERVICES 95
24.4 ACCESSORY RESIDENTIAL USES 95
24.5 CORNER LOTS 95
SECTION 25 - PROVISIONS FOR INDUSTRIAL ZONE 1(Rural Industrial) -M1 96
25.1 USES PERMITTED 96
25.2 ZONE PROVISIONS 96
25.3 PROVISIONS FOR ACCESSORY DWELLINGS 97
25.4 SPECIAL PROVISIONS 97
SECTION 26 - PROVISIONS FOR INDUSTRIAL ZONE 2 (Extractive Industrial) - M2 99
26.1 USES PERMITTED 99
26.2 ZONE PROVISIONS 99
26.7 SPECIAL PROVISIONS 100
SECTION 27 - PROVISIONS FOR INDUSTRIAL ZONE 4 (Light Industrial) -M4 101
27.1 USES PERMITTED 101
27.2 ZONE PROVISIONS 101
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27.3 PROVISIONS FOR ACCESSORY DWELLINGS 102
27.4 SPECIAL. PROVISIONS 102
SECTION 28 - PROVISIONS FOR INSTITUTIONAL ZONE I 103
28.1 USES PERMITTED 103
28.2 ZONE PROVISIONS 103
28.3 SPECIAL PROVISIONS 104
SECTION 29 - PROVISIONS FOR OPEN SPACE ZONE 0S1 (General Open
Space) - 0S1 105
29.1 USES PERMITTED 105
29.2 SITE REGULATIONS 105
29.3 BUILDING REGULATIONS 105
29.4 SPECIAL PROVISIONS 105
SECTION 30 - PROVISIONS FOR OPEN SPACE ZONE 2 (Waste Disposal) 0S2 106
30.1 USE P . MITTED 106
30.2 ZONE PROVISIONS 106
30.5 SPECIAL PROVISIONS 107
SECTION 31 - PROVISIONS FOR ENVIRONMENTAL PROTECTION AREA
ZONE - EP 108
31.1 USES PERMITTED 108
31.2 SITE REGULATIONS 108
31.3 BUILDING REGULATIONS 108
31.4 SPECIAL PROVISIONS 108
SECTION 32 - PROVISIONS FOR PLANNED DEVELOPMENT ZONE - PD 110
32.1 USES PERMITTED 110
32.2 SPECIAL PROVISIONS 110
SECTION 33 - PROVISIONS FOR AIRPORT ZONE - AP 114
33.1 USES PERMITTED 114
33.2 ZONE PROVISIONS 114
33.4 SPECIAL PROVISIONS 115
SECTION 34 - ENACTMENT 117
34.1 CONFLICT WITH OTHER BY -LAWS 117
34.2 REPEAL OF EXISTING BY -LAWS 117
34.3 EFFECTIVE DATE 117
CORPORATION OF THE TOWNSHIP OF KINCARDINE
BY -LAW NO. 82-08
A By -Law to regulate the use of land and the erection, use, bulk, height, spacing of and other matters
relating to buildings and structures and to prohibit certain uses of land and the erection and use of
certain buildings and structures in the Township of Kincardine.
Whereas the Council of the Corporation of the Township of Kincardine consider it advisable to
restrict the use of land and the erection of buildings and structures on land situated within the
Township of Kincardine.
And whereas authority is granted under Section 39 of The Planning Act, R.S.O. 1980, Chapter 379,
as amended, to the Council of the Township of Kincardine to exercise such powers;
Now therefore the Council of the Corporation of the Township of Kincardine enacts as follows:
SECTION 1 - TITLE
This By -Law may be cited as the Restricted Area By -Law of the Township of Kincardine.
SECTION 2 - APPLIC'ATION OF BY- AW
No building or structure shall hereafter be erected or altered, and the use of any building, structure
or lot shall hereafter not be changed in whole or in part except in conformity with the provisions of
this By -Law.
3.1 The particular shall control the general;
3.2 The word "shall" is mandatory and not discretionary; and the word "may" is permissive;
3.3 Words used in the present tense shall include the future; and words used in the singular
number shall include the plural and the plural shall include the singular, unless the context
clearly indicates the contrary;
3.4 A "building" or "structure" includes any part thereof.
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SECTION 4 - ADMINISTRATIVE PROVISIONS
4.1 APPLICATIONS, PLANS AND PERMITS
4.1.1 In addition to all the requirements of the Corporation's Building By -Law or any other By-
Law of the Corporation, every application for a building permit shall be accompanied by a
plan (prepared by an Ontario Land Surveyor if deemed necessary) in duplicate, (one copy
of which shall be retained by the Chief Building Official) drawn to scale and showing the
following:
(a) The true dimensions of the lot to be built upon or otherwise used, and
(b) The proposed location, height and dimensions of any building, structure or use
proposed for such lot, and
(c) The proposed locations and dimensions of any yards, setback, landscaped open
space, off - street parking and loading facilities required by this By -Law, and
(d) The location of all existing buildings and structures on the lot, and
(e) A statement signed by the owner, disclosing the exact use proposed for each
aforesaid building, structure or use giving all information necessary to determine if
such proposed or existing building, structure or use conforms to the requirements of
this By -Law.
4.1.2 No building permit shall be issued where the proposed building, structure, or use would be
in violation of any of the provisions of this By -Law.
4.1.3 In addition to all other requirements of the Corporation, every application for a building
permit shall be made in compliance with the Ontario Building Code Act, 1974, and
amendments thereto.
4.2 CERTIFICATES OF OCCUPANCY
No person shall change the use of any land covered by this By -Law or of any building or
structure on any such land without first obtaining a Certificate of Occupancy from the Chief
Building Official.
For the purposes of this By -law, a Certificate of Occupancy is a certificate issued by the
Chief Building Official certifying that the subject buildings or structures have been
constructed in accordance with the Building Code Act and meet all other applicable
municipal or provincial regulations and may be occupied and used for the use requested.
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4.3 INSPECTION OF PREMISES
The Chief Building Official or Zoning Administrator or any officer or employee of the
Corporation under the direction of Council, upon producing proper identification, may enter
at all reasonable times to inspect and examine any building or premises to which this By -law
applies where there is reason to believe that any land has been used or any building or
structure has been erected, altered, enlarged or used in violation of any of the provisions of
this By -Law.
4.4 VIOLATIONS AND PENALTIES
(a) Every person who contravenes any of the provisions of this By -Law is guilty of an
offence and liable on summary conviction to a fine of not more than $1,000
exclusive of costs for each such offence.
(b) Every such fine shall be recoverable under The Provincial Offences Act, R.S.O.
1979, as amended, all the provisions of which apply, except that any imprisonment
shall be as provided in The Municipal Act. The provisions of the Municipal Act,
R.S.O. 198 Part XIX apply mutatis mutandis to this By -Law.
4.5 REMEDIES
(a) In case any building or structure is, or is proposed to be erected, altered,
reconstructed, extended or enlarged, or any building or structure (or part thereof) is,
or is proposed to be, used in contravention of any requirement of this By -Law, such
contravention may be restrained by action at the insistence of any ratepayer or of the
Corporation pursuant to the provisions of Section 43 of The Planning Act, in that
behalf.
(b) Where a person guilty of an offence under this By -law has been directed to remedy
any violation and is in default of doing any matter or thing required, such matter or
thing shall be done at his expense.
(c) Where a person has refused or neglected to reimburse the Corporation for the cost
of such work, thing or matter done, the same may be recovered by the Corporation
in a like manner as municipal taxes.
(d) Where any By -Law of the municipality, passed under the authority of The Planning
Act is contravened and a conviction entered, in addition to any other remedy and to
any penalty imposed by the By -law, the Court in which the conviction has been
entered, and any Court of competent jurisdiction thereafter, may make an order
prohibiting the continuation or repetition of the offence by the person or persons
convicted.
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4.6 YALIJMTY
If any section, clause or provision of this By -Law, including anything contained in the
schedules attached hereto, is for any reason declared by a court of competent jurisdiction to
be invalid, the same shall not affect the validity of this By -Law as a whole or any part
thereof other than the section, clause or provision or portion of the schedule so declared to
be invalid and all remaining sections, clauses or provisions and schedules of this By -Law
shall remain in full force and effect until repealed, notwithstanding that one or more
provisions thereof shall have been declared to be invalid.
4.7 LICENCES, PERMIT AND OTHER BY -LAW
Nothing in this By -Law shall exempt any person from complying with the requirements of
the Building By -Law or any other By -Law in force with the Corporation or from obtaining
any licence, permission, permit, authority or approval required by this or any other By -Law
of the Corporation unless hereinafter specifically stated.
4.8 GREATS ' STRICTIONS OF OTHERS TO GOVERN
Nothing in this By -Law shall reduce the severity of restrictions lawfully imposed by a
government authority having jurisdiction to make such restrictions.
4.9 HEALTH APPROVAL
Where the issuance of a permit for a building or structure or change of use of an existing
building or structure may affect any sewage system either on the subject lands or adjacent
lands or any water supply, no building permit shall be issued for such building or structure
unless the building permit application is accompanied by approval in writing from the
Ministry of the Environment or approving agency for the proposed method of sewage
disposal and water supply.
4.10 METRIC AND jmpERIALiQuiyALENTs
All measurement figures used in this By -Law shall be metric measurement. The
approximate imperial equivalents to the metric measurements used in this By -Law are shown
in brackets following each such metric measurement and are provided for information
purposes only and do not form part of this By -Law.
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SECTLQN 5 - DEFINITIONS
For the purposes of this By -law, the definitions and interpretations given in this Section shall
govern.
5.1 "ACCESSORY" when used to describe a use, building or structure means a use, building,
or structure subordinate incidental and exclusively devoted to the main use, building or
structure located on the same lot therewith, unless specifically permitted by this By -law.
5.2 "AGRICULTURAL SF" means the use of land, buildings and structures for the growing
of field crops, berry crops, tree crops; flower gardening, truck gardening; nurseries, aviaries,
apiaries; farms for the grazing, breeding, raising, boarding or training of livestock; the
breeding and raising of poultry, stockyards; forestry and reforestation; including the sale of
such produce, crops, livestock, or poultry on the same lot, and shall include a detached
dwelling accessory to the above, but shall not include kennels.
5.3 "AGRICULTURAL SE INTEN IV " means the predominant economic use of land,
buildings or structures for the growing of mushrooms, a commercial greenhouse or the
raising of one specific type of livestock in, where applicable, a certain type of housing
situation, in a manner in which the number of animal units per year would be greater than
those listed in the following table:
COLUMN 1 COLUMN 2 COLUMN 3
Type of Livestock Type of Housing No. of Animal Units/Year
Beef Cattle i) open feedlot
with barn 31
ii) total confinement 36
Turkey broilers Not applicable 36
Chicken broilers Not applicable 42
Dairy Cattle i) free stall 36
ii) tie stall 38
iii)loose housing 31
Laying Hens i) caged 28
ii) floor housing 31
Hens (breeding flocks) Not applicable 36
Pullets Not applicable 36
Hogs (feeder) Not applicable 23
Hogs (dry sows) Not applicable 25
Horses Not applicable 23
Mink Not applicable 23
Rabbits Not applicable 31
Roasters Not applicable 36
Sheep Not applicable 36
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Veal Calves (white) Not applicable 25
Any combination of livestock types shall constitute an intensive farm if a value greater
than one (1) is obtained by using the following, calculations:
(a) divide the number of animal units of each type of livestock by the figure given
in column 3 preceding.
b) add the resulting figures.
EXAMPLE OF INTENSIVE
AND NON - INTENSIVE AGRIC ULTURAL USES
i) Non- Intensive
a farm has 16 cows (dairy) and markets 150 feeder hogs per year
16 cows = 16 animal units (i.e. 1 cow = 1 animal unit)
150 hogs = 10 animal units (i.e. 15 hogs = 1 animal unit)
Divide 16 by 31 (no. of animal units of dairy cattle in a loose housing situation considered to
be intensive for the purposes of this By -law)
Divide 10 by 23 (no. of animal units of hogs (feeder) considered to be intensive for the purposes
of this By -law)
16 divided by 31 equals 0.516 and 10 divided by 23 = 0.435
added together 0.516 + 0.435 equals 0.951
0.951 is less than 1 therefore the farm is not an intensive farm for the purposes of this By -law.
ii) Intensive
a farm has 20 cows (dairy) and markets 195 hogs per year
20 cows = 20 animal units (i.e. 1 cow = 1 animal unit)
195 hogs = 13 animal units (i.e. 15 hogs = 1 animal unit
Divide 20 by 31 (no. of animal units or dairy cows in a loose housing situation considered to
be intensive for the purposes of this By -law)
Divide 13 by 23 (no. of animal units of hogs considered to be intensive for the purpose of this
By -law)
20 divided by 31 - 0.645 and 13 divided by 23 = 0.565
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added together 0.645 + 0.565 = 1.21
1.21 is greater than 1 and therefore is an intensive agricultural use for the purposes of this By-
law.
NOTE: The above examples are for clarification and convenience and do not form part
of this By -law.
5.4 "AGRICULTURAL USE, SPECIALIZED" means an intensive farm or land on which market
gardening, orchards or a plant nursery provides the main occupation for the operator.
5.5 "AIRPORT HANGAR" means a building or structure designed and used for the shelter of
aircraft.
5.6 JUDJKLBASIC_ST_Ejr, means the land area containing one or more runways plus
additional graded land on both sides and both ends of the runway or runways.
5.7 "ALTER" when used in reference to a building or part thereof, means to change any one or
more of the internal or external dimensions of such building or to change the type of
construction of the exterior walls or roof thereof. When used in reference to a lot, the word
"alter" means to decrease the width, depth, or area of any required yards, setback, landscaped
open space or parking area, to change the location of any boundary of such lot with respect to
a street or land, whether such alteration is made by conveyance or alienation of any portion of
said lot, or otherwise. The word "altered" and "alteration" shall have a corresponding meaning.
5.8 "ANIMAL UNIT" means the number of that kind of livestock or poultry that would provide an
amount of manure containing 68 to 77 kilograms (150 to 170 pounds) of nitrogen or that
amount of manure sufficient to provide the nitrogen requirements of one acre of corn. The
number of livestock and poultry that would produce 1 animal unit is as follows:
Type of Livestock or Poultry Animal Basis (365 days)
1 Dairy cow (plus calf) 1 animal unit
1 Beef cow (plus calf) 1 animal unit
1 Bull 1 animal unit
1 Horse 1 animal unit
4 Sheep (plus lambs) 1 animal unit
4 Sows (plus litter to weaning) 1 animal unit
125 laying hens 1 animal unit
100 female mink (plus associated males and kits) 1 animal unit
2 Beef feeders (gain 181 -499 kg)(400 -1100 lb.) 1 animal unit
4 Beef feeders (gain 181 -340 kg)(400 -750 lb.) 1 animal unit
4 Beef feeders (gain 340 -499 kg)(750 -1100 lb.) 1 animal unit
15 hogs (gain 18 -90 kg)(40 -200 lb.) 1 animal unit
1000 broiler chickens or roasters
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(1.8 -2.2 kg) (4 -5 lb.) 1 animal unit
300 Turkey broilers (5 -5.5 kg)(11 -12 lb) 1 animal unit
150 Heavy turkey hens (8.5 -9 kg)(19 -20 lb.) 1 animal unit
100 Heavy turkey toms (13.5 -14.5 kg.)(30 -32 lb.) 1 animal unit
40 veal calves (gain 40.8 -136 kg)(90 -300 lb.) 1 animal unit
1000 pullets 1 animal unit
5.9 "ASSEMBLY HALL" means a building or structure used for the assembly of persons for
religious, charitable, philanthropic, cultural, private recreational or private educational
purposes.
5.10 "ATTACHED" when used in reference to a building, means a building otherwise complete in
itself which depends for structural support or complete enclosure upon a division wall or
division walls shared in common with adjacent building or buildings.
5.11 "AUTOMOBILE CAR WASH" means a building or structure used solely for the washing and
cleaning of motor vehicles and may include the sale of fuels to motor vehicles, but shall not
include any other automotive use defined in this By -law.
5.12 "AUTOMOTIVE REPAIR ESTABLISHMENT" means a building and/or lot used for the
servicing, repair, cleaning, polishing and greasing of motor vehicles and may include vehicular
body repair, re- painting, oiling or under coating, but shall not include any other automotive use
defined in this By -law.
5.13 "AUTOMOTIVE SALES ESTABLISHMENT" means a building and/or lot used for the display
and sale of new or used motor vehicles and may include the servicing, repair, cleaning,
polishing and greasing of motor vehicles, the sale of automotive accessories and related
products or renting of motor vehicles, but shall not include any other automotive use defined
in this By -law.
5.14 "AUTOMOBILE SERVICE STATION" means a lot, building or structure, where such goods
are sold and such minor services are provided as are essential to the running operation of motor
vehicles and may include the selling of refreshments to the travelling public by way of vending
machines, and may include a coffee shop, but does not include a retail store, an automobile
repair shop, the business of selling cars or other vehicles, and does not include a mechanical or
coin - operated car washing establishment except that cars may be washed by the operator or an
employee of the station with or without the aid of semi - automatic equipment.
5.15 "AUTOMOTIVE WRECKING ESTABLISHMENT" means a building and/or lot used for the
wrecking or dismantling of motor vehicles and for the storage and sale of scrap material,
salvage and parts obtained therefrom, but shall not include any other automotive use defined
in this By -law.
5.16 "BASEMENT" means the portion of a building between two floor levels which is partly below
finished grade level but which has at least fifty per cent of its height from finished floor to
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finished ceiling above adjacent finished grade level for at least seventy-five (75) per cent of the
building perimeter.
5.17 "BUILDING" means a structure having a roof, supported by columns or walls and used for the
shelter or accommodation of persons, animals, goods or chattels.
5.18 "BUILDING BY -LAW" means any by -law of the Corporation regulating the erection, alteration
and repair of buildings, for the time being in force and shall include the Ontario Building Code
and, where applicable, the Property Standards By -law.
5.19 " __ D i " • . " u. �� means the building or structure in which is
conducted the principal use of the lot on which it is situated. For clarity a dwelling accessory
to an agricultural use is not a "main building" for the purposes of this By -law.
5.20 "BUILDING SETBACK" means the minimum horizontal distance between a defined line and
the nearest part of any building or structure on the lot.
5.21 "BUSINESS OR PROFESSIONAL OFFICE" means any building or part thereof in which one
or more persons are employed in the management, direction or conducting of an agency,
business, brokerage, labour or fraternal organization.
5.22 "C'AMPGROUND" means a lot used for not more than seven (7) months in any consecutive ten
(10) month period, for the parking and use of travel trailers, tent - trailers, tents or similar
transportable accommodation, but not including a mobile home as defined in this By -law.
5.23 "CAMPGRO SITE" means a parcel of land within a campground intended for occupancy
by travel trailers, tents, camper trailers and similar recreation vehicles together with all yards
and open space defined in this By -law but shall not include a mobile home.
5.24 "CARPORT" means a covered structure attached to the wall of the main building and used for
the storage of passenger motor vehicles. The roof of said structure shall be supported only by
piers or columns so that 50% of its wall area adjacent to the lot line is unenclosed.
5.25 "CELLAR" means the portion of a building between two floor levels which has more than fifty
per cent of its height from finished floor to finished ceiling below adjacent finished grade level
for at least seventy -five (75) per cent of the building perimeter.
5.26 "CEMETERY" means a place for the burial of the dead.
5.27 "CENTRELINE" means the centreline of the right -of -way.
5.28 "CHIEF BUILDING OFFICIAL" means the officer or employee of the Corporation for the time
being charged with the duty of enforcing the provisions of the Building By -Law of the
Corporation.
9
•
5.29 "CHURCH" means a building dedicated to religious worship and may include a church hall,
church auditorium, Sunday school, convent, monastery, parish hall or synagogue.
5.30 "CLINIC" means a building in which two (2) or more rooms are used by the health care
professions and their staff for the purpose of consultation, diagnosis and office treatment of
human patients, but does not include a hospital. Without limiting the generality of the
foregoing, a clinic may include administrative offices, waiting rooms, treatment rooms,
laboratories, pharmacies and dispensaries directly associated with the clinic.
5.31 "CLINIC ,VETERINARIAN" or "VE ERINARIAN CLINIC" means a building in which two
(2) or more rooms are used by a veterinary surgeon for the treatment of diseases and injuries
of domestic and other animals.
5.32 "CLUB, PRIVATE" or "PRIVATE CLUB" means a building or part of a building or lot used
as a meeting place for members of a chartered organization and shall include a lodge, a labour
union hall, snowmobile club, curling club, and a skeet range clubhouse and a nudist camp.
5.33 "COMMERCIAL MOTOR VEHICLE" means a motor vehicle having permanently attached
thereto a truck or delivery body and includes ambulances, hearses, casket wagons, fire
apparatus, police patrols, motor buses and tractors used for hauling purposes on the highways.
5.34 "COMMERCIAL USE" means the use of land, building or structure for the purpose of offices
or retail buying or selling of commodities but does not include uses for warehousing,
wholesaling, manufacturing or assembling of goods, or a shopping centre.
(By - Law 85 - 09, Township Housekeeping)
5.35 "CONSERVATION AREA" means an area of land owned or leased Item 6 by the Conservation
Authority and used for flood and By -Law erosion control purposes; and/or, day use recreational
purposes.
5.36(a) "CORPORATION" means the Corporation of the Township of Kincardine.
5.36(b) "COUNCIL" means the Municipal Council of the Corporation.
5.37 "COUNTY" means the Corporation of the County of Bruce.
5.38 "COURT" means with respect to a motel or hotel, an open area bounded on all sides by
buildings and used for such uses as a passive recreational area, swimming pool and deck, and
children's play area.
5.39 "DAY NURSERY" means a day nursery as defined in the Day Nurseries Act, R.S.O., as
amended.
5.40 "DRIVEWAY" means a vehicular passageway having at least one end thereof connected to a
public thoroughfare, and providing ingress to and/or egress from a lot.
10
5.41 "DRIVE -IN THEATRE" means a place of public assembly intended for the screening and
viewing of motion pictures by customers seated in motor vehicles parked thereon.
5.42 "DRY CLEANER'S DISTR.IBU ION STATION" means a building used for the purpose of
receiving articles or goods of fabric to be subjected to the process of dry cleaning, dry dyeing
or cleaning elsewhere and for the pressing and distribution of any such articles or goods which
have been subjected to any such process.
5.43 "DRY CLEANING ESTABLISHMENT" means a building where dry cleaning, dry dyeing,
cleaning or pressing of articles or goods of fabric is carried on.
5.44 "DWELLING"
(a) "DWELLING UNIT" means two or more rooms used or intended for the domestic use
of one or more individuals living as a single house - keeping unit, with cooking, living,
sleeping and sanitary facilities and a seasonal dwelling unit shall have a similar meaning
but shall be limited to non - permanent occupancy.
(b) "DETACHED DWELLING" means a separate dwelling unit constructed for permanent
use and containing only one dwelling unit and occupied by one or more persons .
(c) "SEASONAL DWELLING" means a detached dwelling unit constructed and used as
a secondary place of residence for seasonal vacations and recreational purposes, and not
as the principal residence of the owner or occupant thereof and is not intended for
permanent occupancy, notwithstanding that it may be designed and/or constructed for
year round or permanent human habitation.
(d) "SEMI- DETACHED DWELLING" means one of a pair of attached single' dwelling
units constructed for permanent use with a common masonry wall dividing the pair of
dwelling units vertically, each of which has an independent entrance either directly from
the outside or through a common vestibule.
(e) "DUPLEX DWELLING" means a pair of dwelling units constructed for permanent use
and divided horizontally into two separate dwelling units, each of which has an
independent entrance either directly from the outside or through a common vestibule.
(f) "TRIPLEX" means a building which is divided horizontally or vertically into three
separate dwelling units each of which has an independent entrance, either directly or
through a common vestibule.
(g) f_t_EOLIRBLEM means a building which consists of two attached duplex dwellings, or
a building containing only two storeys exclusive of basement, divided vertically into
four dwelling units with either one or two complete walls in common with adjoining
units and an independent entrance, either directly or through a common vestibule.
11
(h) "CONVERTED DWELLING" means a dwelling unit, constructed for permanent use,
which has as well been converted so as to provide therein one additional dwelling unit
provided the main dwelling unit was erected prior to the passing of the By -law and
further any changes or alterations to the dwelling do not increase its area, height or
volume or extend beyond the exterior limit of the existing building.
(i) "BOARDING OR TOURIST HOUSE" means a dwelling unit, containing not more than
ten rooms maintained for the accommodation of the public, in which the owner or head
lessee supplies, for hire or gain, lodgings with or without meals for three or more
persons but does not include any other establishment otherwise defined or classified in
this By -law.
(j) "DWELLING UNIT, BACHELOR" means a dwelling unit designed for the use of one
person.
(k) "TOWNHOUSE" means a building that is divided vertically into five or more dwelling
units, each of which has independent entrances to a front and rear yard immediately
abutting the front and rear walls of each dwelling unit.
(1) "MAISONETTE" means a building that is divided vertically into five or more dwelling
units each of which has independent entrances one to a common corridor and the other
directly to an outside yard area adjacent to the said dwelling unit.
(m) "APARTMENT" means a building consisting of five or more dwelling units, which
units have a common entrance from the street level and the occupants of which obtain
access to their dwelling units through common halls.
5.45 "EMPLOYEE, FARM, SEASONAL" means a person, including the family thereof, engaged
by the owner of a lot to assist in the production and/or harvesting of crops on such lot for a
period of at least thirty (30) days during the crop growing and harvesting season.
5.46 MRECTI when used in this By -Law includes building, construction, reconstruction and
relocation and, without limiting the generality of the word, also includes:
(a) any preliminary physical operation, such as excavating, filling or draining;
(b) altering any existing building or structure by an addition, enlargement, extension or
other structural change; and
(c) any work for the doing of which a building permit is required under the Ontario
Building Code.
"ERECTED" and "ERECTION" shall have a corresponding meaning.
5.47 "EXISTING ", unless otherwise indicated, means existing on the date of passing of this By -law.
12
5.48 "EXTERNAL DESIGN" means the arrangement and/or pattern of materials forming the
exterior of a building or structure.
5.49 "FAMILY" means an individual, or two or more persons inter - related by blood, marriage or
legal adoption, or a group of not more than three unrelated persons living together as a single
house - keeping unit, and includes non - paying guests, domestic servants, or not more than three
of any combination of roomers or boarders.
5.50 "FUEL STORAGE ESTABLISHMENT" means a building, structure or depot designed and
used exclusively as a storage facility for combustible liquids.
5.51 "GARAGE. PRIVATE" or "PRIVATE GARAGE" means a detached accessory building or
portion of a dwelling designed and used for the sheltering of private motor vehicles, travel
trailers, boats, and the storage of household equipment incidental to the residential occupancy
and in which no business, occupation or service is conducted.
5.52 "GENERAL STORE" means a retail establishment which deals primarily in goods required by
the residents of the immediate vicinity to meet their day -to -day household and shopping needs.
5.53 "GOLF COURSE" means a public or private area operated for the purpose of playing golf and
includes a driving range or a miniature golf course if operated on the same property as a
secondary use.
5.54 "GRADE" when used with reference to a building or structure, means the average finished
ground elevation immediately adjoining the wall or walls in question or the base of the structure
exclusive of any artificial embankment. When used with reference to a street, "grade" means
the finished elevation of such street, road or highway as established by the Corporation or other
authority having jurisdiction.
5.55 "GROSS FLOOR AREA" means the total of the floor areas of the storeys of all buildings on
- a lot and shall include the floor area of any basement, apartment or areas common to the tenants
which floor areas are measured between exterior faces of the exterior walls of the building at
each floor level, but excluding car parking areas within the building and, for the purpose of this
paragraph, the walls of an inner court are and shall be deemed to be exterior walls, or from the
centreline of the common wall separating two buildings or other structures.
5.56 "GROUND FLOOR AREA" means the maximum area of a building measured to the outside
walls at grade, excluding in the case of a dwelling house, any private garage, carport, porch,
verandah, or sun room (unless such sun room is habitable at all seasons of the year), unfinished
attic, basement or cellar.
5.57 "GUEST ROOM" means an accessory detached building or structure, without kitchen or
sanitary facilities, and maintained for the accommodation of non - paying guests and not
exceeding a maximum total floor area of 20 square metres (215 square feet) or a maximum
building height of one (1) storey.
13
5.58 "HEIGHT" when used with reference to a building or structure, means the vertical distance
between the average grade at the front of such building or structure to the highest point thereon
exclusive of any ornamental dome, chimney, tower, cupola, steeple, church spire, water storage
tank, electrical apparatus, television or radio antenna, orstructure for the mechanical equipment
required for the operation of such building or structure. Without limiting the generality of the
foregoing, the highest point shall be taken as:
(a) in the case of a flat roof, the highest point of the roof surface or parapet, which ever is
the greater.
(b) in the case of a mansard roof, the deck roof line.
(c) in the case of a gable, hip or gambrel roof, the mean heights between the eaves and
ridge.
Where the height is designated in terms of storeys it means the designated number of storeys
above and including the first storey.
5.59 "HOME FOR THE GED" means a "home for the aged" as defined in the Homes for the Aged
and Rest Homes Act, R.S.O. 1980, as amended.
5.60 "HOME OCCUPATION" means any occupation for gain or support conducted entirely within
a dwelling unit provided that:
(a) there is no external display or advertising other than a sign not larger than 0.2 m (2
square feet) which shall be attached to the wall of the main building;
(b) there is not external storage of goods or material;
(c) such home occupation is clearly secondary to the main use of the dwelling as a private
residence;
(d) not more than 25% of the ground floor area is used for the home occupation use;
(e) such home occupation is conducted only by members of the family occupying the
dwelling unit.
5.61 "HOTEL" means any hotel, tavern, inn, lodge, or public house in one main building or in two
or more buildings used mainly for the purposes of catering to the needs of the travelling public
by supplying food and furnished sleeping accommodation in rooms to which access is obtained
through a common hall, together with any portion of the premises licensed under the Liquor
License Act or used for permanent staff accommodation, but does not include any other
establishment otherwise defined or classified in this By -law.
5.62 "HOSPITAL" means a hospital as defined under the Public Hospitals Act, R.S.O. 1970, or
14
under the Private Hospitals Act, R.S.O. 1970, as amended.
5.63 "INDUSTRIAL USE" means the use of any land, building or structure for the purpose of
manufacturing, assembling, making, preparing, inspecting, ornamenting, finishing, treating,
altering, repairing, warehousing, storing or adapting for sale any goods, substance, article or
thing, or any part thereof, and the storage of building and construction equipment and materials,
as distinguished from the buying and selling of commodities and the supplying of personal
services.
5.64 INDUSTRY, NON -EFFL TF.N PROD 1N " means an industrial use which does not utilize
process waters and which does not produce waste waters.
5.65 "KENNEL" means a place where dogs or other household pets other than poultry are bred and
raised and are sold or kept for sale or boarded.
5.66 "LANDSCAPED OPEN SPACE" means the open unobstructed space on a lot accessible from
the street on which the lot is located and which is suitable for the growth and maintenance of
grass, flowers, bushes and other landscaping and includes any surfaced walk, patio, planting
area, or similar area but does not include any driveway or ramp, whether surfaced or not, any
curb, retaining wall, parking area or any open space beneath or within any building or structure.
5.67 MANE means a public or private access not more than nine metres (thirty feet) in width which
affords a secondary means of access to abutting property.
5.68 "LIBRARY" means a library, branch library or distribution to which the provisions of The
Public Libraries Act, R.S.O. 1970, apply.
5.69 "LODGE" means one main building and/or two or more buildings used mainly for the purpose
of catering to the needs of the tourist and travelling public by supplying food and furnishing
sleeping accommodation, and recreation facilities, together with any portion of the premises
licensed under the Liquor Licence Act, and includes any portion of the premises under for staff
accommodation, but does not include any other establishment otherwise defined in this By -law.
5.70 "LOT"
(a) means a parcel of land or contiguous parcels of land under one ownership, having
frontage on a public street and which is described in a deed or other document legally
capable of conveying an interest in land and which is on record in the Registry Office
or Land Titles Office for the Bruce Registry Division; or
(b) shown as a lot or block on a Registered Plan of Subdivision, but a Registered Plan of
Subdivision for the purposes of this paragraph does not include a Registered Plan of
Subdivision which has been deemed not to be a Registered Plan of Subdivision under
a by -law passed pursuant to Section 29 of The Planning Act, being chapter 349 of the
Revised Statutes of Ontario, 1970, as amended from time to time.
15
5.71 "LOT AREA" means the total horizontal area within the lot lines of a lot, excluding the
horizontal area of such lot covered by water, or marsh or between the rim of the banks of a river
or watercourse, provided that only the lot area lying within the zone in which a proposed use
is permitted may be used in calculating the minimum lot area under the provisions of this By-
law for such permitted use. In the case of corner lots having a street line rounding of a radius
six metres (twenty feet) or less, the lot area of such lot shall be calculated as if the lot lines were
produced to their point of intersection.
5.72 "LOT, CORNER" or "CORNER LOT" means a lot situated at the intersection of two or more
streets or two parts of the same street of which the two adjacent sides upon the street line or
street lines include an angle of not more than one hundred and thirty-five (135) degrees and
where such adjacent sides are curved, the angle included by the adjacent sides shall be deemed
to be the angle formed by the intersection of the tangents of the street lines drawn through the
extremities of the interior lot lines.
5.73 n means that percentage of the total lot area covered by buildings or
structures, including accessory buildings or structures, above finished grade level.
5.74 "LOT DEPTH" means the horizontal distance between the front and rear lot lines. If the front
and rear lot lines are not parallel, "lot depth" means the length of a straight line joining the
middle of the front lot line with the middle of the rear lot line. When there is no rear lot line,
"lot depth" means the length of a straight line joining the middle of the front lot line with the
apex of the triangle formed by the side lot lines.
5.75 "LOT FRONTAGE" means the horizontal distance between the side lot lines, such distance
being measured perpendicularly to a line joining the middle of the front lot line with either the
middle of the rear lot line or the apex of the triangle formed by the side lot lines at the minimum
distance from the front lot line at which erection of buildings or other structures is permitted
by this By -Law.
5.76 "LOT, INTERIOR" or "INTERIOR LOT" means a lot other than a corner lot and having
frontage on one street only.
5.77 "LOT LINE" means any boundary of a lot.
5.78 "LOT LINE, FRONT" or "FRONT LOT LINE" in the case of an interior lot, means the line
dividing the lot from the street. In the case of a corner lot, the shorter lot line abutting a street
shall be deemed the front lot line and the longer lot line abutting a street shall be deemed a side
lot line. In the case of a through lot, the lot line which provides the principal means of access
shall be deemed to be the front lot line and the opposite lot line shall be the rear lot line.
5.79 "LOT LINE, REAR" or "REAR LOT LINE" means the lot line farthest from and opposite to
the front lot line.
5.80 "LOT LINE, SIDE" or "SIDE LOT LINE" means any lot line other than a front lot line or rear
16
lot line.
5.81 "LOT,_T.- TROUGH" or "THROUGH LOT" means a lot bounded on two opposite sides by
streets but does not include a corner lot.
5.82 "MARINA" means a building, structure or place, containing docking facilities and located on
a navigable waterway, where boats and boat accessories are stored, serviced, repaired or kept
for sale and where facilities for the sale of marine fuels and lubricants may be provided.
5.83 "MOBILE HOME" means any dwelling that is designed to be made mobile, and constructed
or manufactured to provide a permanent or seasonal residence for one or more persons, but does
not include a travel trailer or tent trailer or trailer otherwise designed. A mobile home shall be
distinguished from other forms of prefabricated transportable housing by reason of a design
which permits and features ready transfer from place to place whereas the latter are intended
to be moved once only to a final location.
5.84 "MOBILE HOME LOT" means a parcel of land within a mobile home park intended for
occupancy by one mobile home unit together with all yards and open space required by this By-
law.
5.85 '_"MOBILE HOM P RK" means a parcel of land containing two or more mobile home lots and
which is under single management and ownership and which is designed and intended for
residential or seasonal use where such residential occupancy is in mobile homes exclusively.
5.86 "MOBILE HOME PARK ROAD" means a space within a mobile home park designed and
intended as a means of vehicular access to abutting mobile home lots; such mobile home park
road may or may not be open to the general public on an equal basis..
5.87 "MOBILE HOME P I PA " means a space within a mobile home park designed and
intended as a place of recreation for the common use by residents of such mobile home park,
and which may or may not be open to the general public on an equal basis.
5.88 "MOTEL" means one or more buildings used primarily for the purpose of catering to the
travelling public by furnishing sleeping accommodation and may include permanent staff
quarters, tourist cabins, sleeping and housekeeping units, but does not include any other
establishment otherwise defined or classified in this By -law.
For the purpose of this section, a
(a) alOaSEKEEPataiMir means a unit for the overnight accommodation of the
travelling public which may include sanitary and food preparation facilities.
(b) "SLEEPING UNIT" means a unit for the overnight accommodation of the travelling
public, but does not include food preparation facilities.
17
5.89 "MOTOR VEHICLE means an automobile, truck, motorcycle and any other vehicle propelled
or driven otherwise than by muscular power but does not include cars of electric or steam
railways or other motor vehicles running only upon rails.
5.90 "MUSEUM" means a public museum within the meaning of the Mortmain and Charitable Uses
Act, R.S.O. 1970, as amended from time to time.
5.91 (a) "NON- CONFORMIN " shall mean a building or structure existing at the date of the
passing of this By -law which is used for purposes not permitted by this By -law.
(b) "NON- COMPLYING" shall mean a permitted use, building or structure existing at the
date of the passing of this By -law which does not comply with a provision or provisions
of their respective zone.
5.92 "NON- RESIDENTIAL" means designed, intended or used for a purpose other than a dwelling
or a mobile home.
5.93 "NUISANCE" means any condition existing that is or may become injurious or dangerous to
health or that prevents or hinders or may prevent or hinder in any manner the suppression of
disease.
5.94 "NURSING HOME" means a nursing home as defined in the Nursing Home Act, R.S.O. , as
amended.
5.95 "OFFICE" means a room or suite of rooms designed, intended or used for the conduct of a
profession, occupation, or business, but shall not include the office of a veterinarian, the
retailing of merchandise, the manufacturing, repairing, or storage of goods or any place of
assembly or amusement.
(By - Law 85 - 09, Township Housekeeping)
5.96 "PAR.K" means an area of land, playground or playfield which may include thereon one or more
field houses, community centres, swimming pools, wading pools, greenhouses, skating rinks,
tennis or badminton courts, bowling greens, curling rinks, refreshment rooms, arenas or similar
uses.
5.97 "PARKING A FA" means an area provided for the parking of motor vehicles and includes
aisles, parking spaces and related ingress and egress lanes but shall not include any part of a
public street or public lane.
5.98 "PARKING LOT" means any parking area other than a parking area required under the
provisions of this By -law.
5.99 "PARKING SPAC " means a space enclosed in a principal or accessory building or
unenclosed, that is available for the parking of a motor vehicle and which is accessible from a
street or lane.
18
5.100 "PERSON" means any human being, association, firm partnership, incorporated company,
corporation, agent or trustee, and the heirs, executors or other legal representatives of a person
to whom the context can apply according to law.
5.101 :PERSONAL SERVICE SHOP" means a building or part thereof in which services are
provided and administered to the individual and personal needs of persons, and without limiting
the generality of the foregoing shall include a barber shop, hairdressing shop, shoe repair shop,
self - service laundry, or depot for the collection and delivery of dry cleaning and laundry.
5.102 "PIT" means a place where unconsolidated gravel, stone, sand, earth, clay, fill, mineral or other
material is being or has been removed by means of an open excavation to supply material for
construction, industrial or manufacturing purposes, but does not include a wayside pit.
5.103 "PLACE OF ENTERTAINMENT" means a motion picture or other theatre, arena, auditorium,
public hall, billiard, pinball or pool room, bowling alley, ice or roller skating rink, but does not
include any place of entertainment or amusement otherwise defined or classified in this By -law.
5.104 "PLANTING AREA" means the space on a lot upon which shrubs, trees, flowers, or grass are
grown in accordance with the provisions of this By -law.
5.105 "QUARRY" means a place where consolidated rock has been or is being removed by means
of an open excavation to supply material for construction, industrial, or manufacturing
purposes, but does not include a wayside quarry or open pit metal mine.
5.106 "RESTAURANT"
(a) "RESTAURANT" means a building or structure or part thereof used to prepare food and
offer for sale and sell food for immediate consumption within the building, or structure
and may include a take -out service.
(b) "DRIVE -IN RESTAURANT" means a building or structure or part thereof where food
is prepared and offered for sale to the public for consumption within or outside the
building or structure.
(c) ''TAKE -OUT RESTAURANT" means a building or structure or part thereof where food
is prepared and offered for sale to the public to be taken out and/or delivered, for the
consumption off the premises.
5.107 "RETAIL FLOOR AREA" means the aggregate of the areas of all rooms where goods and
services are made available for sale but shall not include storage areas or other commercial
uses.
5.108 TAIL STORE" means a building or part of a building in which goods, wares, merchandise,
articles or things are offered or kept for sale at retail, but does not include any establishment
otherwise defined or classified in this By -law.
19
5.109 "SALVAGE YARD" means an establishment where goods, wares, merchandise, articles or
things are processed for further use, and where such goods, wares, merchandise articles or
things are stored wholly or partly in the open and includes a junk or scrap metal yard and an
automobile wrecking yard.
5.110 "SANITARY SEWER" or "MUNICIPAL SYSTEM" means a system of underground conduits,
operated either privately or by a municipal corporation or by the Ministry of the Environment,
which carries sewage to a place of treatment which meets with the approval of the Ministry of
the Environment.
(By - law No. 91 - 09, Township Housekeeping)
5.110.1 "SATELLITE DISH" means a device intended for or capable of being used for receiving or
collecting communication signals from a satellite.
5.111 "SCHOOL" means a school under the jurisdiction of a Board as defined in The Department of
Education Act.
5.112 "SETBACK" means the shortest horizontal distance from a specified line or point to the nearest
part of any building or structure on a lot.
5.113 "SEWAGE DISPOSAL SYSTEM" means a Class 4 or Class 6 system as defined by regulations
made under the Environment Protection Act, R.S.O. 1974, or connection to a municipal sanitary
sewer system approved under the Ontario Water Resources Act.
5.114 "SHOPPING CENTRE" means a group of non - residential uses predominantly retail commercial
in nature and designed, developed and managed as a unit by a single owner or tenant, or group
of owners or tenants as opposed to a business area comprising unrelated individual commercial
uses.
5.115 "STOREY" means the portion of a building which is situated between the surface of any floor
and the surface of the floor next above and directly over it and, if there is no floor above it, that
portion between the surface of any floor and the ceiling above it. A "Storey" includes an attic
having a height of more than 2 metres (6 feet) for at least 2/3 (two- thirds) of the area of the
floor next below and also includes any portion of a building partly below ground if the ceiling
of such part is 2 metres (6 feet) 'or more above finished grade.
5.116 "STOREY, HALF" or "HALF STOREY" means that portion of a building within a sloping
room having a height of more than 2 metres (6 feet) for at least one -half (1/2) but less than two -
third (2/3) of the area of the floor next below.
5.117 "STREET" means a public highway which affords the principal means of access to abutting lots
but does not include a public lane or a private right -of -way.
5.118 "STREET, IMPROVED" or "IMPROVED STREET" means a public street that has been
assumed by by -law by the Corporation as a public highway and has been constructed in such
20
a manner so as to permit its use by vehicular traffic.
5.119 "STREET LINE" means the dividing line between a lot and a street.
5.120 "STRUCTURE" means anything constructed or erected, the use of which requires location on
the ground, or attachment to something having a fixed location on the ground, and includes
walls, fences, signs, billboards, and private outdoor swimming pools but does not include free
standing walls, hedges and fences.
5.121 "TENT" means a temporary structure used for temporary shelter and living accommodation
that is not permanently fixed to the ground and is capable of being easily moved.
5.122 "TR.ANSMISSION TOWER" means a structure, over 20 metres (66 feet) in height, designed
and erected for the purpose of transporting or carrying hydro electric power in quantities equal
to, or greater than, 100,000 volts.
5.123 "TRAVEL TRAILER" means a structure designed, intended and used exclusively for travel,
recreation and vacation and which is capable of being drawn or propelled by a motor vehicle
or is self propelled and includes tent trailers or similar transportable accommodation but does
not include a mobile home .
5.124 "USE" as a verb means anything permitted by the owner or occupant of any land, building or
structure, directly or indirectly, or by or through any trustee, tenant, servant or agent acting for
or with the knowledge and assent of such owner or occupant, for the purpose of making use of
the said land, building or structure. The phrase "used for" includes "arranged for ", "designed
for ", " maintained for" or "occupied for ".
5.125 "USE" as a noun, means any of the following depending on the context:
(a) any purpose for which land, buildings or other structures may be arranged, designated,
designed, intended, maintained, or occupied, or
(b) any occupation, business, activity, or operation carried on, or intended to be carried on,
in a building or other structure or on land, or
(c) a name of a tract of land or a building or other structure which indicates the purpose for
which it is arranged, designated, intended, maintained or occupied.
5.126 "WASTE DISPOSAL SITE " means any land upon, into, or through which waste is deposited
or processed and any machinery or equipment or operation for the treatment or disposal of
waste, but does not include the treatment or disposal of liquid industrial waste or hazardous
waste.
5.127 "WATERCOURSE" means the natural channel for a stream and for the purpose of this By -law,
includes the natural channel for intermittent streams.
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5.128 "WATER FRONTAGE" means a piece of land abutting and providing access to, a watercourse,
bay or lake.
5.129 "WATER SUPPLY PIPED" or "MUNICIPAL WATER" means a distribution system of
underground piping and related storage, including pumping and purification appurtenances
operated by a municipal corporation and/or the Ministry of the Environment and/or any public
utilities commission for public use and which have been approved by the Ministry of the
Environment.
5.130 "WAYSIDE PIT OR WAYSIDE QUARRY" shall mean a temporary pit or quarry opened and
used by a public road authority solely for the purpose of a particular project or contract of road
construction and not located on the road right -of -way.
5.131 "WELL" means an underground source of water which has been rendered accessible by the
drilling or digging of a hole from ground level to the water table and may include a private
piped system from a surface water source.
5.132 " means a space appurtenant to a building or structure located on the same lot therewith
and which space is open, uncovered and unoccupied from the ground upward except for such
accessory buildings, structures, or uses as are specifically permitted elsewhere in this By -law.
5.133 "YARD, EXTERIOR SIDE" or "EXTERIOR SIDE YARD" means a side yard immediately
adjoining a street.
5.134 "YARD, FRONT" or "FRONT YARD" means a yard extending across the full width of a lot,
measured perpendicularly from the front lot line to the closest wall of any main buildings or
structures on the said lot.
5.135 "YARD RE AR" or "REAR YARD" means a yard extending across the full width of a lot,
measured perpendicularly from the rear lot line to the closest wall of any main building or
structure on the said lot.
5.136 "YARD, SIDE" or "SIDE YARD" means a yard extending from the front yard, or front lot line
where no front yard is provided, to the rear yard, or rear lot line where no rear yard is provided,
measured perpendicularly from the side lot line to the closest wail of any main building or
structure on the said lot.
5.137 "ZONE" means an area delineated on the Zoning Map Schedule established and designated by
this By -law for a specific use.
5.138 "ZONING ADMINISTRATOR" means the officer or employee of the Corporation for the time
being charged with the duty of enforcing the provisions of the Zoning By -law of the
Corporation.
22
�\ \ ': 'ti • ■ . e: \_.
6.1 PERMITTED USES IN ALL ZONES
a) Services and Utilities
i) Nothing contained in this By -law shall prevent the Corporation, any telephone or
telegraph company, any transportation system owned or operated by or for the
Corporation, any Department of the Federal Government or Ministry of the Provincial
Government, Ontario Hydro, any railway company and any local or County Board or
commission from installing a watermain, sanitary sewer main, storm sewer main, gas
main, pipeline or overhead or underground hydro and telephone line; provided that the
location of such main or line has been approved by the Corporation.
(By - Law 85 - 09, Township Housekeeping)
Notwithstanding the generality of the foregoing, this approval by the Corporation shall
not be required for any undertaking which has been approved under the Environmental
Assessment Act.
(By - Law 85 - 09, Township Housekeeping)
ii) Any electric power facility of Ontario Hydro or any public utility corporation, and any
receiving or transmitting tower and facilities of any radio or television station existing
on the date of passing of this By -Law are permitted.
b) Construction Facilities
Any sheds, scaffolds or other structures incidental to building construction on the premises for
so long as the same is necessary for work in progress which has neither been finished, nor
abandoned provided any necessary permits are obtained.
c) Ornamental Structures
A statue, monument, cenotaph, fountain or other such memorial or ornamental structure.
d) Signs and Signals
Any government authorized traffic sign or signal, any public election list or government
proclamation.
6.1.1 Public Buildings and/or Structures
The erection of any building or structure designed for the use of office, storage and other uses,
the construction or erection of transmission towers, and the use of land for outside storage, by
the Corporation, any local or County Board or Commission, any telephone or telegraph
company, any transportation system owned or operated by or for the Corporation, any
23
Department of the Federal or Provincial Government, Ontario Hydro, and any railway company
must conform to all provisions of this By -Law.
(By -Law 85 -09, Township Housekeeping)
Notwithstanding the generality of the foregoing, this requirement to conform to all provisions
of this By -Law shall not apply to any electric power facility of Ontario Hydro, where such
facility has been approved under the Environmental Assessment Act.
6.2 MAKING OR ESTABLISHMENT OF PITS AND QUARRIES
6.2.1 The making or establishing of any pit or quarry shall be prohibited within the Corporate limits
of the municipality, except in those areas which presently contain a pit or quarry and are shown
as M2 on Schedule "A" attached to and forming part of this By -law.
6.2.2 Section 6.2.1 hereof shall not apply so as to prohibit the making or establishment of a "Wayside
Pit" or "Wayside Quarry" as defined in the By -Law.
6.3 NON - CONFORMING USES
6.3.1 Nothing in this By -Law shall apply:
(a) to prevent the use of any land, building or structure for any purpose prohibited by this
By -Law if such land, building or structure was lawfully used for such purpose on the
day of the passing of this By -Law, so long as it continues to be used for that purpose;
or
(b) to prevent the erection for a purpose prohibited by this By -Law of any building or
structure the plans for which have, prior to the day of the passing of this By -Law, been
approved by the Chief Building Official, so long as the building or structure when
erected is used and continues to be used for the purpose for which it was erected and
provided the erection of such building or structure is commenced within two years after
the day of the passing of this By -Law and such building or structure is completed within
one year after the erection thereof is commenced; or
(c) to prevent the strengthening to a safe condition of any building or structure or part of
any such building or structure which does not comply with the provisions of this By-
law, provided such alteration or repair does not increase the height, size or volume or
change the use of such building or structure; or
(d) to prevent the restoration of any building or structure which is damaged by fire or an act
of nature which does not comply with the provisions of this By -law, provided that:
i) the Corporation has been offered and has refused to purchase the lands at fair
market value; and
ii) such restoration does not increase the height, size or volume or change the use
24
of such building or structure; and
iii) such reconstruction shall comply with all applicable setbacks and yard
provisions of the applicable zone.
6.3.2 A use of a lot, building or structure which under the provisions hereof is not permissible with
the zone in which such lot, building or structure is located shall not be changed except to a use
which is permissible within such zone, or such other compatible uses as may be approved under
Section 42 of The Planning Act.
(By -Law 85 -09, Township Housekeeping)
6.4 NON - COMPLYING USES
Lands, buildings or structures which conform to the uses permitted in the applicable zone, but
do not comply with one or more other provisions of the By -Law may be used or strengthened
to a safe condition as provided for in the non - conforming uses section but where such building
or structure is reconstructed or rebuilt as a result of forces beyond the control of the owner,
then such reconstruction shall comply, as close as possible, with all applicable setbacks and
yard provisions of this By -Law provided that such compliance does not have the effect of
reducing the original height, size or volume of the building or structure.
6.5 FRONTAGE ON A PUBLIC STREET
No person shall erect any building or structure in any zone unless (1) the lot upon which such
building or structure is to be erected fronts upon a street which is an improved street and which
has a perpendicular width of 20 metres (66 feet) or more, or (2) the lot upon which such
building or structure is to be erected fronts upon a street which is an improved street and which
has a perpendicular width of less than 20 metres (66 feet) and such building or structure to be
erected upon such lot is set back a distance of 10 metres (33 feet) from the centreline of the
street allowance in addition to the requirements of this By -Law with respect to the depth of the
front yard or the width of the exterior side yard.
6.6 ESTABLISHED BUILDING LINE SETBACK
Notwithstanding the yard and setback provisions of this By -Law to the contrary, where a
permitted building or structure is to be erected on a lot in a built -up area, where there is an
established building line extending on both sides of the lot, such permitted building or structure
may be erected closer to the street line, or the centreline of the street as the case may be, than
required by this By -Law provided such permitted building or structure is not erected closer to
the street line or the centreline of the street, as the case may be, than the established building
line on the date of passing of this By -Law.
6.7 EXTERNAL DESIGN
The following building materials shall not be used for the exterior vertical facing of any wall
of any building or structure within the Corporation:
25
(a) building paper;
(b) asphalt shingle;
(c) asphalt- insulating siding, exception on accessory non - residential farm buildings; or
(d) asphalt roll -type siding, except on accessory non - residential farm buildings; or
(e) unpainted Galvanized steel siding, except on accessory non - residential farm buildings.
6.8 THROUGH LOTS
Where a lot is a through lot, a front yard shall be provided on each street on which the lot has
frontage.
6.9 YARDS AND OPEN SPACE TO BE RESERVED
When any part of a lot is required by this By -Law to be reserved as a yard or other open space,
it shall continue to be used and maintained in all cases regardless of changes in ownership of
such land or part thereof. The area for yards and other open space shall be computed using the
area within the lot lines of the lot proposed for building purposes.
(By -law No. 91 -09, Township Housekeeping)
6.10 a • • I u_A U U _ : I k
The regulations prescribing the maximum height of any building or structure shall not, in any
zone, apply to flag poles, radio or television receiving or transmitting equipment (excluding
satellite dishes), grain elevators, windmills, farm silo or barns, church spires, belfries, cupolas,
pent - houses, towers or domes not used for human occupancy, chimneys, smoke stacks,
ventilators, sky- lights, water tanks, scenery lofts, bulk heads, firewalls and similar features and
necessary mechanical appurtenances accessory to the building on which they are erected,
including any roof signs erected and/or maintained in accordance with any by -law or regulation
of the municipality from time to time in force; provided however, that such features are erected
only to such heights as is necessary to accomplish their purpose.
6.11 DWELLING UNITS BELOW GRADE
No dwelling unit shall in its entirety be located in a cellar. If any portion of a dwelling unit is
located in a crilar such portion of the dwelling unit shall be used as a furnace room, laundry
room, storage room, recreation room or for a similar use only and shall not be used for sleeping
accommodation. However, a dwelling unit in its entirety, may be located in a basement in
accordance with the permitted uses and regulations of this By -Law and provided the finished
floor level of such basement is not below the level of any sanitary or storm sewer serving the
building or structure in which the basement is located.
6.12 PHYSICALLY UNSUITABLE LANDS
In any zone, no building or structure shall be erected on land where, by reason of its rocky, low -
lying, marshy, or unstable character the cost of construction of satisfactory water works,
26
sewerage or drainage facilities is prohibitive.
6.13 WATERCOURSE SETBACKS
Notwithstanding any yard provisions of this By -Law, no person shall hereafter erect any
permanent building or structure in any zone which is:
(a) closer than 15 metres (50 feet) from the edge of an Environmental Protection Area (EP)
Zone; and
(b) no portion of any sewage disposal system shall be located any closer than thirty (30)
metres (100 feet) from any body of water or water course or open municipal drain
except for a Class 6 system where the minimum setback distance for such system may
be reduced to 15 metres (50 feet).
6.14 - - I _ • LI _ `• :_ .0
Notwithstanding the yard and setback provisions of this By -Law:
6.14.1 Sills, belt courses, chimneys, cornices, eaves, gutters, parapets, pilasters, bay windows and
other ornamental architectural features may project into any required yard but not more than
60 centimetres (24 inches).
6.14.2 Unenclosed porches, and covered or uncovered steps and patios may project into a required
front or rear yard but not more than 1.5 metres (5 feet).
6.14.3 Exterior stairways may project into a required rear yard but not more than 1.5 metres (5 feet).
6.14.4 Open steel fire escapes may project into any required side or rear yard but not more than 1.5
metres (5 feet).
6.14.5 Balconies may project into any required yard but not more than 1.5 metres (5 feet).
6.14.6 Awnings, clothes poles, garden trellises, fences, retaining walls, recreational equipment and
sitnilaL accessurics shall be permitted in a required yard.
6.14.7 Sewage disposal systems may project into a required front or rear yard but not be located closer
than 3 metres (10 feet) to the front or rear lot line.
6.15 PLANTING AREAS
6.15.1 A required planting area shall consist of a dense screen of shrubs and/or evergreen trees,
minimum 1 metres (3 feet) high when planted and of a type that will attain a minimum height
of 3 metres (10 feet) at maturity and as well provide a year round visual barrier. The remainder
of the ground surface shall be planted with any combination of shrubs, flower beds or grass.
27
6.15.2 Where interrupted by walkways or driveways, a planting area need not be provided closer than
1.5 metres (5 feet) to a walkway or 3 metres (10 feet) to a driveway.
6.15.3 Unless otherwise provided for in this By -law, a planting area shall have a minimum width of
3 metres (10 feet).
6.15.4 Where required on a street corner of a corner lot, a planting area shall be located in such a way
as not to form an obstruction to traffic and as required by the sight visibility triangles required
by this By -Law.
(By -Law 85 -32, Township Housekeeping)
6.16 SETBACK FROM OS2 ZONE
No building or structure erected or used for human habitation shall be located closer than 305
metres (1000 feet) to any 0S2 Zone.
6.17 OFF - STREET PARKING REGULATIONS
Unless otherwise provided for in this By -Law, permanently maintained parking spaces shall be
provided in accordance with the following regulations:
6.17.1 Required Number of Spaces
Use. Minimum Number of Spaces
2 spaces per dwelling unit
(a) Detached dwelling, Semi -
Detached dwelling or converted
dwelling
(b) Dwelling for exclusive use by 1 space for every 2 dwelling units plus 1 space
the elderly for every 4 dwelling units, or fraction thereof,
to be set aside for and visually identified as
visitor's parking.
(c) Multiple Dwelling or dwelling 1 space per dwelling unit plus 1 space for every
not otherwise specified herein. 4 dwelling units, or fraction thereof, to be set
aside for and visually identified as visitor's
parking.
(d) Boarding or Lodging Home, 1 space per sleeping or guest room, plus 1 space
Motel for each 20 square metres (215 square feet) of
floor area or. fraction thereof, used for
assembly, restaurants or the dispensing of food
or drink.
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(e) Church, Place of Worship 1 space for each 10 fixed seats or fraction
thereof, or if no fixed seats, 1 space for each 10
square metres (110 square feet) of floor area, or
fraction thereof, used for seating.
(f) Auditorium, Convention or 1 space for each 5 fixed seats, or fraction
Meeting Hall, Community thereof, or where no fixed seats, 1 space for
Centre, Sports Arena, each 5 square metres (54 square feet) of floor
Fairground, Stadium, Private area, or fraction thereof, used for seating
Club, Lodge, Society, or any
Institutional or Non - Profit Use
or Place of Assembly not
otherwise specified herein.
(g) Elementary School Nursery space for each classroom plus one additional
School, Day Nursery space for each office, or if the school contains
a place of assembly, according to the
requirements for such place of assembly,
whichever is greater.
(h) Secondary School, Vocational 3 spaces for each classroom plus 1 additional
or Technical Training Schools, space for each office or, if the school contains
or College a place of assembly, according to the
requirement for such place of assembly,
whichever is greater.
(i) Funeral Home 1 space for each 5 fixed seats, or where no
fixed seats, 1 space for each 5 square metre (54
square feet) of floor area in reposing rooms or
fraction thereof, plus 1 space per funeral home
vehicle.
(j) Government Office, Bank, 1 space for each 40 square metres (430 square
Financial Institution, and other feet) of gross floor area, or fraction thereof.
office excluding those for the
health care professions
(k) Clinic or office for any of the 5 spaces for each member of the health care
health care professions. professions.
(1) Establishment for the sale and 1 space for each 5 square metres (54 square
immediate consumption of food feet) of building floor area or fraction thereof,
and/or drink on the premises, devoted to public use.
including taverns, restaurants,
public houses and similar uses.
29
(m) Drive -in or take -out 1 space for each 5 square metres (54 square
establishment where food feet) of gross floor area or fraction thereof.
and/or drink is purchased over
the counter for consumption on
or off the premises.
(n) Retail Store, Personal Service 1 space for each 20 square metres (215 square
Shop feet) of sales or service area or fraction thereof.
(o) Laundromat, Automatic dry 1 space for each four machines, or 1 space for
cleaning establishment each 20 square metres (215 square feet) of
gross floor area, or fraction thereof, whichever
is greater.
(By - law No. 91 - 09, Township Housekeeping)
(p) Automobile Car Wash 3 spaces per car wash bay.
(q) Automobile sales and/or service 1 space for each 20 square metres (215 square
establishment. feet) of gross floor area or fraction thereof.
(By - law No. 91 - 09, Township Housekeeping)
(r) Automobile service station 3 spaces per service or 3 spaces minimum,
whichever is greater.
(s) Automobile Repair Shop 1 space for each 20 square metres (215 square
feet) of gross floor area or fraction thereof.
(t) Place of recreation not 1 space for each 20 square metres (215 square
otherwise specified herein. feet) of gross floor area or fraction thereof.
(u) Industrial Use, Service and/or 1 space for each 100 square metres (1100
Repair Shop square feet) of gross floor area or fraction
thereof, or 1 space for each 2 employees on the
maximum working shift whichever is greater
for the industrial service and/or repair uses, plus
1 space for each 40 square metres (430 square
feet) or fraction thereof devoted to office use.
(v) Wholesaling, warehousing or 1 space for each 100 square metres (1100
storage use square feet) of gross floor area or fraction
thereof for the wholesaling, warehousing or
storage uses plus 1 space for each 40 square
metres (430 square feet), or fraction thereof
devoted to office use.
30
(w) Commercial use establishment 1 space for each 20 square metres (215 square
not otherwise specified herein. feet) of gross floor area or fraction thereof.
(x) Mobile Home Park or 1 space for each mobile home lot or
Campground campground site plus 1 space for every 4 such
lots or sites, or fraction thereof, to be set aside
for and visually identified as visitor's parking.
6.17.2 Calculation of Spam
(a) When a building or lot accommodates more than one use or purpose, the required
parking spaces shall be the sum total of the required parking spaces for the separate uses
or purposes. Parking facilities for one use shall not be considered as providing required
parking for any other use.
(b) If calculation of the required parking spaces results in a fraction, the required parking
spaces shall be the higher whole number.
6.17.3 Size and Accessibility of Parking Spaces
Every parking space shall maintain a minimum area and width and shall be accessible from
unobstructed manoeuvring aisles and shall be in accordance with the following regulations:
(a) Angle Parking
Angle Parking Manoeuvring Parking
Space Length Aisle Width Space Width
•
30° 5m(18ft) 4m(14ft) 3m(10ft)
45° 6m(20ft) 4m(14ft) 3m(10ft)
60° 6 m (20 ft) 6 m (20 ft) 3 m (lO ft)
90° 5m(18ft) 8m(26ft) 3m(10ft)
(b) Parallel Parking
Parking Manoeuvring Parking
Space Length Aisle Width Space Width
7m(24ft) 3m(10ft) 3m(10ft)
6.17.4 Provisions and Location of Spaces
(a) Parking spaces shall be provided at the time of erection of any building or structure, or
at the time any building or structure is enlarged.
31
(b) Parking spaces shall be located on the same lot or within the same building as the use
for which said parking is required.
(c) Unless otherwise provided for herein, uncovered parking spaces may be located in the
required yards provided that:
(i) in any zone no parking shall be permitted on a lot closer to any street line than
3 metres (10 feet); and
(ii) in any zone, and notwithstanding the provisions of this paragraph, no parking
area for Residential uses containing 3 or more units shall be permitted within
any front, interior or exterior side yards.
6.17.5 Application of Parking Requirements
The parking area requirements referred to herein shall not apply to any building in existence
at the date of passing of this By -Law so long as the floor area as it existed at such date is not
increased and the building or structure is used for a purpose which does not require more
parking spaces according to this section, than were required by its use at the date of passing of
the By -Law. However, if a use is changed or a building is enlarged in floor area or there is an
increase in number of employees, number of dwelling units or seating capacity or otherwise as
would require an additional number of parking spaces, then such additional parking spaces shall
be provided to the number required for such change.
6.17.6 Seating Accommodation by Benches
For the purposes of Section 6.17.1 where seating accommodation is provided by benches, 0.5
metres (20 inches) of bench space shall be considered as equivalent to one (1) seat.
6.17.7 Driveways
(a) A driveway serving a detached dwelling or a semi - detached dwelling shall have a width
of 3 metres (10 feet) minimum, 6 metres (20 feet) maximum. A driveway serving any
other use shall have a width of 3 metres (10 feet) minimum, 9 metres (30 feet)
maximum.
(b) The maximum width of any joint entrance and exit driveway measured along the street
line shall be 9 metres (30 feet).
(c) The minimum distance between a driveway and an intersection of street lines measured
along the street line intersected by such driveway shall be 9 metres (30 feet).
(d) The minimum angle of intersection between a driveway and a street line shall be 60
degrees.
(e) Every lot shall be limited to the following number of driveways:
32
(i) Up to the first 30 metres (100 feet) of frontage measured along the street line -
not more than 1 driveway. A residential use not one a Provincial or County
Highway may have a U- shaped driveway.
(ii) For each additional 30 metres (100 feet) of frontage measured along the street
line - not more than 1 additional driveway to a maximum of three driveways.
(f) Parking areas and associated driveway systems serving any use other than detached
dwellings and semi - detached dwellings shall be designed in such a manner that any
vehicle entering or leaving a street or public lane need not travel in a backwards motion.
6.17.8 . _ D _'1,1- • '.rt't: A - A so : - ;-
Parking areas and driveways shall be surfaces and maintained with concrete, asphalt, or other
hard surface and dustless materials provided, however, that crushed stone or gravel shall also
be permitted for detached dwellings and semi - detached dwellings. Drainage shall be provided
so as to prevent the flow of surface water onto adjoining lots.
6.17.9 Illumination of Parking Areas or Driveways
When parking areas and/or driveways are illuminated, lighting fixtures shall be so arranged that
no part of any fixture shall be more than 9 metres (30 feet) above the adjoining finished grade
and light shall be directed downward and away from adjoining lots.
6.17.10 Landscaping
(a) Where, in any yard in any zone, a parking area which is required to provide for more
than four off - street parking spaces adjoins a lot in a residential zone, a planting area of
a minimum width of 3 metres (10 feet) shall be provided within the lot requiring such
parking area and along the lot line adjoining such residential zone.
(b) Where, in any yard in any zone, a parking area which is required to provide for more
than four off - street parking spaces adjoins a street, then a planting area of a minimum
width of 3 metres (10 feet) shall be provided within the lot requiring such parking area
and along the lot line adjoining such street.
6.18 LOADING REGULATIONS
The owner or occupant of any lot, building or structure erected or used for any purpose, other
than an agricultural use, involving the frequent receiving, shipping, loading or unloading of
persons, animals, goods, wares and merchandise and raw materials, shall provide and maintain
at the premises, on the lot occupied by the building or structure and not forming part of a street
or lane, within the zone in which such use is located, loading and unloading spaces in
accordance with the following regulations:
33
•
6.18.1 Required Number of Spaces
Gross Floor Area of Number of Loading
Building or Structure Spaces Required
300 square metres 1
(3,300 square feet) or less
over 300 square metres 2
(3,300 square feet) but not
over 2500 square metres
(27,000 square feet)
over 2500 square metres, 3
(27,000 square feet) but not
over 8000 square metres
(87,000 square feet)
over 8000 square metres 3 plus 1 additional space for each 10,000
(87,000 square feet) square metres (103,000 square feet) or fraction
thereof in excess of 8,000 square metres (87,000
square feet)
6.18.2 Access
In addition to the number of loading spaces, adequate space shall be provided for the parking
of vehicles awaiting access to parking spaces, and any additional area as is necessary for the
manoeuvring of a truck- trailer either into or out of the loading space. Access to loading spaces
shall be by means of a driveway at least 6 metres (20 feet) wide contained within the lot on
which the spaces are located and leading to a street or public lane located within or adjoining
the zone in which the use is located.
6.18.3 Loading Space Dimensions
Each loading space shall be at least 9 metres (30 feet) long, at least 3.5 metres (12 feet) wide
and shall have a vertical clearance of at least 4.5 metres (15 feet).
6.18.4 Location of Loading Space
No loading space shall be located in the required front yard nor shall any required off - street
parking space be considered in calculating the required number of off - street loading spaces.
On a corner lot loading spaces may be located between the main building and the flanking street
but not within the required exterior side yard.
34
6.18.5 Surface and Drainage of Spaces and Driveways
Loading spaces and driveways thereto shall be constructed of either asphalt, concrete or
Portland cement binder and shall be maintained or treated so as to prevent the raising of dust
or loose particles. Drainage shall be provided so as to prevent the flow or surface water onto
adjoining lots.
6.18.6 Application of Loading Space Requirements
The loading space requirements referred to herein shall not apply to any building in existence
at the date of passing of this By -law so long as the floor area as it existed at such date is not
increased. However, if a building is enlarged in floor area as would require an additional
number of loading spaces, then such additional loading spaces shall be provided to the number
required for such change.
6.18.7 Landscaping
Where a loading area adjoins any residential zone or a street then a planting area of a minimum
width of 3 metres (10 feet) shall be provided within the lot requiring such loading area and
along the lot lines adjoining such residential zone or street.
6.19 SIGHT VISIBILITY TRIANGLES
6.19.1 Corner Lots on Municipal Streets
In all zones, on a corner lot, no building or structure shall be erected and no vehicle shall be
parked in such a manner as to materially impede vision above a height of 0.5 metres (20 inches)
above the centre line grade of the intersecting streets in the triangular area bounded by the street
lines of the corner lot and a line from the points along said street lines distant 10 metres (33
feet) from the point of intersection of the said street lines.
6.19.2 At Railway Grade Crossings
(a) In all zones, on a lot abutting a railway where the railway and a street intersect at the
same grade, no building or structure shall be erected and no vehicle shall be parked in
such a manner as to materially impede vision above a height of 0.5 metres (20 inches)
above the centre line grade of the intersecting street in the triangular area bounded by
the right -of -way limit of the railway and the street line and a line from the points along
such right -of -way limit and such street line distant 45 metres (150 feet) from the point
of intersection thereof.
(b) Where such railway and street intersect at an unprotected crossing, the sighting triangle
shall be increased to a distance of 400 metres (1315 feet) measured along the railway
right -of -way and 90 metres (300 feet) measured along the street line or such greater
distance required by the Canadian Transportation Commission Regulations, as amended
35
•
from time to time.
6.19.3 At Street Intersections with County or Provincial Roads
(a) In all zones, on a corner lot having frontage on a County or Provincial Road, no
building or structure shall be erected and on vehicle shall be parked in such a manner
as to materially impede vision above a height of 0.5 metres (20 inches) above the centre
line grade of the intersecting streets in the triangular area bounded by the street lines of
the corner lot and a line from the points along said street lines distant 30 metres (100
feet) from the point of intersection of the said street lines.
(b) The provisions of this Section shall not apply to built -up areas as defined herein, Towns,
Villages or Cities as defined in the Highway Traffic Act; however, the provisions of
Section 6.19.1 shall apply in these areas. For the purposes of this Section a "built -up
area" means the territory contiguous to a highway and not within a city, town or village
where:
i) not less than 50% of the frontage on one side of the highway, for a distance of
not less than 200 metres (660 feet) contains separate lots and such lots are
occupied by non - agricultural uses including non -farm residential uses,
businesses, schools or churches; or
ii) not less than 50% of the frontage on both sides of the highway for a distance of
not less than 100 metres (330 feet) contains separate lots and such lots are
occupied by non - agricultural uses including non -farm residential uses,
businesses, schools or churches.
6.19.4 Railway Buffer
No dwelling shall be erected closer than 30 metres (100 feet) to the right -of -way of any railway
and a planting area shall be provided within the lot containing the dwelling and between the
said dwelling and any such right -of -way.
6.20 REDUCTION OF REQUIREMENTS
6.20.1 No person shall:
(a) change the purpose for which any lot, building or structure is used, or
(b) erect any new building or structure, or
(c) add to or take away from any existing building or structure, or
(d) reduce any lot in area by conveyance or alienation of any portion thereof or otherwise,
if the effect of such action is to cause the original, adjoining, remaining or new building
structure or lot to be in contravention of this By -Law.
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6.20.2 In the event that a contravention of this By -Law occurs as a result of any action described in
Section 6.20.1, no building or structure located on the lot shall thereafter be used until the
requirements of this By -law applicable thereto are complied with.
6.20.3 The provisions of Section 6.20.1 and 6.20.2 shall not apply to lands severed pursuant to the
provisions of The Expropriations Act or to street widenings acquired by a governmental
authority.
6.21 OPEN STORAGE REGULATIONS
6.21.1 Minimum Setbacks
(a) The minimum setback front any front, side or rear lot line of any permitted open storage
in any zone shall be no less than the respective minimum front, side or rear yard or the
zone in which the said open storage is located unless otherwise specified hereinafter.
(b) In any lot in an industrial zone, where any side or rear lot line abuts a lot in the same
zone as the zone in which the said lot is located, the minimum setback of any open
storage shall be 3 metres (10 feet) from the said side or rear lot line.
6.21.2 Fencing
Except for a lot used for any defined "Automotive" use, other than an Automotive Wrecking
Establishment, any permitted open storage which adjoins a street, or a lot in any zone other than
the zone in which the said open storage is located or an agricultural zone, shall be screened
from view from the said street or lot through the erection and maintenance of a fence having
a minimum height of 2 metres (6 feet). Said fence shall be erected no closer to any lot line than
the minimum setback required for open storage.
6.21.3 Surface Treatment
Any permitted open storage area, or vehicular access thereto, involving the storage, parking or
display of motor vehicles for the purpose of sale, lease, rental, washing, service or repair, or any
- primary means of vehicular access to any permitted open storage area, shall be constructed and
maintained with a stable surface which shall have a Portland Cement or asphaltic binder, or
other hard surface or dustless material, and shall include provisions for adequate drainage
facilities.
6.21.4 Parking and Loading Spaces to be Preserved
Any areas used for permitted open storage shall be in addition to and separate from such areas
as may be required by this By -Law for the provisions of off - street parking or loading spaces.
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6.21.5 Lighting
Where lighting facilities are provided in conjunction with any permitted open storage, such
lighting shall be so arranged as to deflect light onto the open storage area and away from any
adjoining properties.
6.22 ACCESSORY USES
6.22.1 Where Permitted
Where this By -Law provides that a lot may be used or a building or structure may be erected
or used for a purpose, that purpose shall include any accessory building or structure or
accessory use, but shall not include (1) any occupation for gain or profit conducted within a
dwelling unit on the lot, except as in this By -Law is specifically permitted or, (2) any building
used for human habitation except as in this By -Law is specifically permitted; provided,
however, that this provision shall not apply to a detached dwelling in an agricultural zone.
6.22.2 Lot Coverage
The total lot coverage of all accessory buildings on a lot shall not exceed 8% of the lot area,
however in no case shall the total number of accessory buildings exceed 3; with the exception
of an agricultural zone.
6.22.3 Location
In any zone other than a residential zone, the yard requirements herein shall apply to both main
and accessory buildings.
6.22.4 Separation from the Main Building
The minimum distance between a detached accessory building and the main building to which
it is accessory shall be 3 metres (10 feet).
6.22.5 When Permitted
Notwithstanding any of the provisions of this By -Law, no accessory building, structure or use
shall be erected, or used until the principal building, structure or use is completed in compliance
with the provisions of this By -Law.
6.23 ACCESSORY DWELLING UNIT CONTAINED WITHIN A NON- RESIDENTIAL
BUILDING OR STRUCTURE
No person shall use any part of a non - residential building as an accessory dwelling unit except
in accordance with the following provisions:
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6.23.1 Setbacks and Yards
Minimum setbacks and yards shall be provided in accordance with the minimum setback and
yard provisions for the non - residential building or structure in which the dwelling unit is
located.
6.23.2 Lot Area
The minimum lot area provisions for the non - residential building or structure shall be increased
by 1000 square metres (10,800 square feet) for each dwelling unit contained therein.
6.23.3 Lot Frontage
The minimum lot frontage provisions for the non - residential building or structure shall be
increased by 15 metres (50 feet) for each dwelling unit contained therein.
6.23.4 Minimum Dwelling Uni Gros Floor Area
(a) Bachelor dwelling unit 40 square metres (430 square feet)
(b) Dwelling unit containing 60 square metres (650 square feet)
one bedroom
(c) Dwelling unit containing 70 square metres (755 square feet)
two bedrooms
(d) Dwelling unit containing 90 square metres (970 square feet)
three bedrooms
(e) Dwelling unit containing 90 square metres (970 square feet)
more than three bedrooms plus 10 square metres (110 square
feet) for each bedroom in excess of three.
6.23.5 Number of Dwelling Units
The maximum number of dwelling units shall be one for each non - residential use.
6.24 ACCESSORY DETAC ED DWELLING
No person shall use any lot or erect, alter or use any building or structure for the purposes of
a detached dwelling, accessory to a non - residential use permitted by this By -Law, except in
accordance with the following provisions:
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6.24.1 Provisions
Setbacks and Yards for minimum 7.5 metres (25 feet) from
detached dwelling any lot line or road allowance.
Lot Area
- private services minimum lot required for non - residential
use(s) plus 3000 square metres 33,000
square feet) except in an Agricultural
Zone; in which case, no additional area is
required.
- one or more municipal services minimum lot area required for non-
residential use(s) plus 1500 square metres
(16,200 square feet) except in an
Agricultural Zone; in which case no
additional area is required.
Lot Frontage minimum lot frontage required for non-
residential use(s) plus 30 metres (100
feet) except in an Agricultural Zone; in
which case, no additional frontage is
required.
Gross Floor Area minimum 80 square metres (860 square
feet)
Building Height maximum 10 metres (33 feet)
Lot Coverage maximum 5%
6.25 HOME OCCUPATIONS
Where listed as a permitted use, a home occupation may be carried on in a dwelling provided
that the following regulations are complied with:
(a) Such use shall be for the exclusive use of the householder only.
(b) Not more than 25% of the ground floor area of the dwelling shall be used for such use.
(c) There shall be no display material visible from a public street except for one unlighted
sign indicating the name and business of the occupant, and not exceeding 0.2 square
metres (2 square feet) in area.
40
(d) There shall be no outdoor storage of goods or materials.
(e) There shall be no sale of goods other than those produced on the premises.
(f) No machinery or mechanical equipment of any kind shall be used on the premises in
connection with such occupation other than those normally associated with a household.
(g) No exterior alterations shall be made to the buildings or premises in connection with
such occupation.
(h) Use of the premises in connection with such occupation shall in no way be offensive,
obnoxious, or dangerous to the neighbours of the area by reason of the emission of light,
heat, fumes, noise, vibration, gas, dust, odour, air -borne waste or pollution, or through
frequency of delivery by commercial carriers.
(i) No use shall be permitted which would result in a commercial vehicle being parked or
stored on an adjacent street except for temporary parking to permit normal pick -up or
delivery.
6.26 • _ • :''•V i_11141 c - 1_ - 4
6.26.1 Notwithstanding any other provisions of this By -Law, no persons shall hereafter, in any zone:
(a) erect any permanent residential building or structure closer than 33 metres (108 feet)
to the centre line of any County or Provincial Road, with the exception of a private
garage built on skids in an Agricultural Zone, or
(b) erect any permanent non - residential building or structure including a mill, grain elevator
or canning factory closer than 45 metres (150 feet) to the centre line of any County or
Provincial Road, or
(c) erect any permanent building or structure or use any land for purposes of a gravel pit
or salvage yard closer than 45 metres (150 feet) to the limit of any County or Provincial
Road.
6.26.2 Subsection 6.26.1 shall not apply to prevent the erection of a building or structure between two
existing buildings not more than 100 metres (330 feet) apart closer to any County or Provincial
Road than the average setback from such Road of the existing building, plus an additional 2
metres (6.6 feet), but in no case closer than 23 metres (75 feet) to the centre line.
6.27 SIGNS
Except as otherwise provided, the provisions of this By -Law shall not apply to prevent the
erection, alteration, or use of any sign provided such sign complies with the By -Laws of the
Corporation regulating signs.
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6.28 MUNICIPAL ROADS
6.28.1 Municipal Roads - Class 1
Roads under the jurisdiction of the Corporation and shown on Schedule "A" as Class 1 Roads
shall for the purposes of this By -Law mean that the Corporation within reasonable limits will
provide a level of municipal service on such roads as is customarily practised by the
Corporation.
For the purposes of this By -Law, County and Provincial Roads shall be considered to be Class
1 Roads.
6.28.2 Municipal Roads - Class 2
Roads under the jurisdiction of the Corporation and shown on the Schedule "A" as Class 2 shall
for the purposes of this By -Law mean that the Corporation is not obligated to provide snow
plowing or the provision of garbage collection on a year round basis.
On Class 2 Roads, no building permits shall be issued for year round or permanent residential
occupancy and no conversion permits or change of use permits to year round or permanent
residential shall be issued notwithstanding that a building or structure may be designed and
constructed for year round or permanent habitation.
6.29 ZONING OVER WATER BODIES
For the purposes of this By -Law, all lands below the high water mark, or from the inland side
of any shore road allowance, are zoned Environmental Protection Area. Such Environmental
Protection Area Zone shall extend to the international boundary where applicable and shall
include the Andrews Creek, Kincardine Creek, Penetangore and all inlakes over 0.5 hectares
(1.25 acres) in area.
6.30 I ' - �.► DO IOUs A14 'OS _
The owner of every privately owned outdoor swimming pool, which is constructed subsequent
to the passing of this By -Law, shall, within 96 hours of construction of the swimming pool and
before placing any water in the pool, erect and maintain a fence completely enclosing the pool,
which fence shall conform to the specifications of the applicable municipal swimming pool by-
law.
(By -Law 84 -39, Township Housekeeping)
6.31 MAXTMTJM HEIGHT REGULATIONS
Notwithstanding Section 6.10 or any other provisions of this By -Law to the contrary, within
those areas identified on Schedule "E" as Area 1, Area 2 and Area 3, no person shall erect or
construct any building or structure, or any addition to any existing building or structure, the
42
highest point of which will exceed the following heights:
(a) In Area 1, as shown on Schedule "E ", no building or structure may be higher than a
height calculated based on the ratio of 1:7 from.the side perimeter of the airport runway
strip, or the height restriction of the zone in which the land lies, whichever is the lesser.
(That is, for every 7 metres calculated at a right angle to the side plane of the runway
strip, building or structure height may be increased by 1 metre, until the prescribed
maximum height restriction is reached).
(b) In Area 2, as shown on Schedule "E ", no building or structure may be higher than a
height calculated based on the ratio of 1:40 from the end of the airport runway strip, or
the height restriction of the zone in which the land lies, whichever is the lesser. (That
is, for every 40 metres calculated at a right angle to the end of the runway strip, building
or structure height may be increased by 1 metre, until the prescribed maximum height
restriction is reached).
(c) In Area 3, as shown on Schedule "E ", no building or structure may be higher than a
height calculated based on the ratio of 1:20 from the end of the airport runway strip, or
the height restriction of the zone in which the land lies, whichever is the lesser. (That
is, for every 20 metres calculated at a right angle to the end of the runway strip, building
or structure height may be increased by 1 metre, until the prescribed maximum height
restriction is reached.
(By -law No. 91 -09, Township Housekeeping)
6.32 SATELLITE JaISHES
A satellite dish shall only be located within a rear yard in any Zone which permits residential
uses and such satellite dish shall not exceed 4.5 metres in height, excepting, however, that:
(i) On a corner lot, a satellite dish shall only be located within a rear yard or an interior side
yard.
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SECTION 7 - ESTABLISHMENT OF ZONES
7.1 GENERAL
For the purposes of this By -Law, the land area of the Corporation is hereby divided into various
generalized and specific "Zones" to which the provisions and regulations herein shall
respectively apply.
7.2 ZONE SYMBOLS
7.2.1 The following Zones are hereby established and are designated on the Zoning Map Schedule
by symbols consisting of letters and numbers or letters only, as the case may be:
Zone Symbol
Agricultural Zone 1 (General Agriculture) Al
Agricultural Zone 2 (Restricted Agriculture) A2
Residential Zone 1 (Detached Residential) R1
Residential Zone 2 (Seasonal Residential) R2
Residential Zone 3 (Suburban Residential) R3
Residential Zone 4 (Estate Residential) R4
Residential Zone 5 (Mobile Home Residential) R5
Residential Zone 6 (Low Density Multiple Family Residential) R6
Residential Zone 7 (Medium Density Multiple Family Residential) R7
Commercial Zone 2 (Hamlet Commercial) C2
Commercial Zone 3 (Highway Commercial) C3
Commercial Zone 5 (Tent and Trailer Park and Commercial Campground) C5
Commercial Zone 6 (Rural Commercial) C6
Industrial Zone 1 (Rural Industrial) M1
Industrial Zone 2 (Extractive Industrial) M2
Industrial Zone 4 (Light Industrial) M4
Institutional Zone I
Open Space Zone 1 (General Open Space) OS 1
Open Space Zone 2 (Waste Disposal) 0S2
Environmental Protection Zone EP
Planned Development Zone PD
Airport Zone AP
7.2.2 Whenever in this By -Law the term "Zone" is used, preceded or followed by any symbol, as the
case requires, such combination shall refer to each and every area within the said zone.
7.3 SPECIAL PROVISIONS FROM OTHER BY -LAWS
Where any of the zone symbols described in Section 7.2 are shown on Schedule "A" followed
by a dash and number, (eg. C1- 17 -7), then special provisions to the normal zone provisions
44
apply to such lands. The number following the dash shall identify the by -law in which such
special provisions may be found. Unless specified otherwise in the referenced by -law, all other
provisions of the zone and this By -Law shall apply to the lands.
7.4 INCORPORATION OF ZONING MAP
The locations and boundaries of the zones established by this By -law are shown on the map
appended hereto and which is referred to as Schedule "A" and comprises the sectional parts of
the zoning map and such maps together with everything shown thereon and all succeeding
amendments thereto are hereby incorporated into and are declared to form part of this By -Law.
7.5 ZONING MAP
7.5.1 Boundaries of the Zones
7.5.1.1 Where any uncertainty exists as to the boundary of any zone as shown on the Zoning Map
Schedule, the following provisions shall apply:
a) where a zone boundary is indicated as following and is within the boundary of a street,
lane, railway right -of -way, or watercourse, the boundary shall be the centre line of such
street, lane, railway right -of -way or watercourse.
b) where a zone boundary is indicated as approximately following lot lines shown on a
registered plan of subdivision or lot lines of the original Township survey fabric, the
boundary shall follow such lot lines.
c) where a zone boundary is indicated as approximately parallel to any street line and the
distance from the street line is not indicated, such boundary shall be construed as being
parallel to such street line, and the distance therefrom shall be according to the scale
shown on the Zoning Map Schedule.
d) where a zone boundary is indicated as following a shoreline, the boundary shall follow
such shoreline and, in the event that the shoreline changes, the boundary shall be taken
as having moved with the shoreline.
e) where any zone boundary is left uncertain after application of the provisions of clauses
a), b), c) and d) above, then the boundary shall be determined by the scale shown on the
Zoning Map Schedule.
7.5.1.2 Wherever it occurs, the municipal limit is the boundary of the zone adjacent to it.
7.5.2 Precedence of Schedules
In the event of a conflict or inconsistency as between Schedule "A" and another Schedule, the
other Schedule shall take precedence over Schedule "A" for those lands to which it more
45
particularly refers.
7.5.3 StrQets an Right - of Way
A street, public lane, railway right -of -way, electrical transmission right -of -way, or watercourses
shown on the Schedule hereto, unless otherwise indicated shall be included within the zone of
adjoining property on either side thereof and where such street, public lane, right -of -way or
watercourse serves as a boundary between two or more different zones, the centre line of such
street, public lane, right -of -way or watercourse, and extending in the general direction of the
long dimension thereof, shall be considered the boundary between zones unless otherwise
indicated.
46
1► - .1 '.� 1►. 1. t t 4 1►
8.1 ACCESSORY DETACHED DWE. LINGS
In any Agricultural Zone a maximum of one detached dwelling accessory to an Agricultural use
may be erected on a lot. However, where two or more such detached dwellings lawfully exist
on any single lot as of the date of passing of this By -Law, such dwellings are permitted by this
By -Law so long as they continue to be used for that purpose. An accessory detached dwelling
shall conform to all yard provisions of the Agricultural Zone in which it is located and to the
following:
a) the minimum ground floor area shall be 90 square metres (950 square feet) and
dwellings not more than one (1) storey in height and 70 square metres (750 square feet)
for dwellings exceeding one (1) storey in height.
b) the maximum building height shall be 10 metres (33 feet).
8.2 's1 _ I• 111. • DU' / L• E
In any Agricultural Zone, no facility for the storage of liquid manure intended to serve a
livestock agricultural use shall hereafter be constructed or altered except in accordance with the
following provisions. The manure storage facility shall:
a) be constructed of masonry, metal, pressure treated timber or other impervious, durable
material, and
b) have walls that
i) extend 1.5 metres (5 feet) or move above the surrounding grade level; with solid
continuous fencing of plywood, metal panelling, or other suitable material,
erected on top of or in contact with these walls.
ii) extend 0.25 metres (10 inches) or more above the surrounding grade level; and
have a solid cover of plywood, metal panelling or other suitable material erected
on top of these walls; thus providing an effective top seal for the storage facility,
and
c) be adequate in size to contain the total amount of manure generated in any six -month
period by the agricultural operation, and
d) be sealed to prevent surface drainage or ground water from gaining entrance, and
e) be erected not less than 20 metres (66 feet) from any lake, stream, pond, municipal
drain.
0 notwithstanding the foregoing paragraphs, liquid manure storage lagoons may be
47
permitted provided that solid continuous fencing of plywood, metal panelling, or other
suitable material extending to a height of at least 1.5 metres (5 feet) above the
surrounding grade level, is erected around the perimeter of such lagoon and provided
that such lagoon is located not less than 60 metres (200 feet) from any lake, stream,
pond, municipal drain, or the edge of an Environmental Protection Area Zone boundary,
whichever is greater.
8.2.1 For the purposes of Section 8.2, a liquid manure storage facility shall mean a permanent facility
designed for the containment of manure produced by poultry or livestock and may include
rectangular or circular storage units totally inground, totally above ground or partially therein.
8.3 EXISTING LOTS
a) In any Agricultural Zone, an existing lot may be used for any non - residential use
permitted by the applicable zone notwithstanding that such lot may have a lesser lot area
and/or frontage than the minimum required by the applicable zone, provided that all
other provisions of this By -Law are complied with.
b) In any Agricultural Zone, an existing lot may be used for a non -farm residential
dwelling provided that:
i) any non -farm residential dwelling which is established or enlarged shall comply
with the separation distances from existing livestock or poultry buildings as
identified in the following table:
SEPARATION DISTANCES FOR NEW OR ENLARGED
NON RESIDENTIAL DWELT ING
Animal Unit Size Within Separation Distance required
Livestock or Poultry Building for Non -Farm Residential Dwelling
1 - 50 a.u.* 188 m (615 feet)
51 - 100 230 m (754 feet)
101 - 150 258 m (846 feet)
151 - 200 280 m (918 feet)
201 - 250 298 m (977 feet)
251 - 300 314 m (1030 feet)
301 - 350 328 m (1077 feet)
351 - 400 341 m (1118 feet)
401 - 450 353 m (1158 feet)
451 - 500 364 m (1195 feet)
over 500 443 m (1455 feet)
* animal units
48
ii) such lot and building shall conform to the provisions for non -farm residential
uses in the "Al" Zone and all other provisions of this By -Law.
(By -Law 84 -39, Township Housekeeping)
(c) Notwithstanding the provisions of paragraph (b)(i) above, the Separation Distance
requirements from the existing livestock buildings or manure storage facilities on Lots
34 - 37 inclusive, Concession "A" shall be 609 metres (2000 feet) for an Animal Unit
size over 500.
49
•
SECTION 9 - AGRICULT_ UAL, ZONE 1 - (Senerat Agric tee) Al
9.1 USESTERMITIED
No person shall within the A 1 zone use any lot or erect, alter or use any building or structure
for any purpose except one or more of the following uses:
(a) Residential Uses
a non - agricultural detached dwelling existing on the day of the passing of this
By -Law
- a non - agricultural detached dwelling in accordance with Section 8.3
(b) Non - Residential Uses
agricultural uses
intensive agricultural uses
a home occupation
liquid manure storage facilities
wildlife sanctuaries
conservation areas
forestry
buildings, structures and uses accessory to a permitted use
a private sewage disposal system
9.2 ZONE PROVISIONS
No person shall within the Al zone use any lot or erect, alter or use any building or structure
except in accordance with the following provisions:
Provisions Non - Residential Non -Farm Residential
(By -Law No. 84 -35, Township Housekeeping)
minimum lot area 37 hectares 1390 square metres
(92 acres) (15000 sq. ft.)
(By -Law 84 -35, Township Housekeeping)
minimum lot frontage 100 metres (330 feet) 24 metres (80 feet)
minimum side yard 20 metres (66 feet) 5 metres (16 feet)
minimum rear yard 20 metres (66 feet) 10 metres (33 feet)
minimum front yard 20 metres (33 feet) 10 metres (66 feet)
minimum ground 25 square metres 70 square metres
floor area (270 square feet) (755 square feet) for more
50
than one storey •
90 square metres (950
square feet) for one storey
maximum height 20 metres (66 feet) 10 metres (33 feet)
maximum lot coverage 15 % 10 %
minimum separation 30 metres (100 feet) Not applicable
from accessory
detached dwelling
9.3 SPECIAL PROVISIONS
(By -Law 87 -23, Bruce Agri -Park)
9.3.1 Notwithstanding their 'Al' Zoning designation, those lands described as Part of Lot 30,
Concession "A ", in the Township of Kincardine, and delineated as 'Al - 87 -23' on Schedule "A"
to this By -Law shall only be used for non -farm residential purposes, in compliance with the 'Al'
Zone provisions contained in this By -Law, excepting however that:
i) the minimum Lot Area shall be 9.3 hectares, and,
ii) for the purposes of this Subsection "LOT AREA" shall mean the total horizontal area
within the lot lines of a lot.
(By - Law 90 - 06, Houghton)
9.3.2 Notwithstanding their 'Al' Zoning designation, those lands described as Part of Lot 23,
Concession 6, in the Township of Kincardine, and delineated as 'Al- 89 -21' on Schedule "A"
to this By -Law shall be used in compliance with the 'Al' Zone provisions contained in this By-
Law, excepting however, that:
(i) the 'Minimum Lot Area' shall be 19 hectares (47.0 acres); and,
(ii) the 'Minimum Side Yard' (pertaining to the existing 14.0 metres x 49 metres hog barn
only) shall be 3.0 metres.
(By - Law 90 - 08 McLelland)
9.3.3 Notwithstanding their 'Al' Zoning designation, those lands described as Part of Lot 49,
Concession 1 NDR and delineated as 'Al- 90 -08' on Schedule "A" to this By -Law shall be used
for agricultural purposes in compliance with the 'Al' Zone provisions, excepting however, that:
(i) the 'Minimum Lot Area' shall be 15.0 hectares (37 acres); and,
(ii) the 'Minimum Lot Frontage' shall be 47.0 metres (154.0 feet).
(By - law No. 90 - 14, Reid)
9.3.4 Notwithstanding their 'Al' Zoning designation, those lands described as Part of Lot 1 and all
51
of Lot 2, Concession 4, in the Township of Kincardine, and Delineated as 'Al- 90 -14' on
Schedule "A" to this By -law shall be used in compliance with the 'A l' Zone provisions
contained in this By -law, excepting, however, that:
(i) the 'Minimum Lot Area' shall be 19.4 hectares (48 acres).
(By - law No. 90 - 15, Wilson \Lewis)
9.3.5 (a) Notwithstanding their 'Al' Zoning designation, those lands described as Part of Lot 25,
Concession 6, Township of Kincardine and delineated as 'A1- 90 -15A' on Schedule 'A'
to this By -law may be used for non -farm residential purposes in compliance with the
'A l' Zone provisions contained in this By -law, excepting, however, that:
(i) the 'Minimum Lot Area' shall be 12,140 square metres (3.0 acres);
(ii) the 'Minimum Lot Frontage' shall be 90 metres (295 feet)
(b) Notwithstanding their 'Al' Zoning designation, those lands described as Part of Lot 25,
Concession 6, Township of Kincardine, and delineated as 'Al- 90 -15B' on Schedule "A"
to this By -law, may be used for agricultural purposes in compliance with the 'Al' Zone
provisions contained in this By -law, excepting, however, that:
(i) no residential buildings or structures shall be permitted.
(By - law No 90 - 24, Matheson)
9.3.6 Notwithstanding their 'Al' Zoning designation, those lands described as Part of Lot 9,
Concession 7, Township of Kincardine and delineated as 'Al- 90 -24' on Schedule "A" to this
By -law may be used for non -farm residential purposes in compliance with the 'Al' Zone
provisions contained in this By -law, excepting, however, that:
(i) the 'Minimum Lot Frontage' shall be 97 metres (318 feet);
(ii) the 'Minimum Lot Area' shall be 19,900 square metres (4.9 acres).
(By - law No. 91 - 13, Christian)
9.3.7 Notwithstanding their Al zoning designation, those lands described as Part of Lot 53,
Concession `B', in the Township of Kincardine and delineated as 'A1- 91 -13' on Schedule 'A'
to this by -law shall be used in compliance with the 'Al' zone provisions, contained in this By-
law, excepting, however, that:
i) for the purposes of this Subsection, Subsection 6.13 (a) shall not apply.
(By - law No. 91 - 14, Canadian Agra)
9.3.8 Notwithstanding their 'Al' zoning designation, those lands described as Part of Lots 29 and 30,
Concession 'A', in the Township of Kincardine, and delineated as 'A1- 19 -14' on
Schedule 'A' to this By -law shall be used in compliance with the 'Al' zone provisions and the
General Provisions contained in this By -law excepting, however, that:
52
i) Permitted Uses
a) In addition to the uses normally permitted in the 'Al' zone, office commercial
uses related to the general administration of the Bruce Energy Centre, or a
related industry, or airport- related office.commercial uses may be permitted and
may include the following accessory or ancillary uses directly related to the
intended primarily to serve the permitted office uses:
a restaurant
parking of aircraft on an open concrete apron adjacent to and connected
to adjacent airport by means of a taxi -way
an executive suite
ii) Site Provisions
a) Gross Floor Area allowable shall be 25% of the total lot area or 28,000 square
feet, whichever is less;
b) The total floor area devoted to the accessory or ancillary uses permitted above
shall be limited to 10 percent of the gross floor area permitted by this By -law.
c) Minimum Open Space provided shall be 50 % of total lot area:
for the purposes of this Subsection, 'Open Space' shall be defined as
open or landscaped lands, vacant of any structures and shall not include
parking surfaces or any other surfaces similarly covered;
— a sewage disposal system as approved by the Ministry of Environment
or its duly authorized agent may be permitted within the 'Open Space'
area;
for the purposes of this Subsection, 'lot area' shall be defined as the total
area zoned 'A1- 91 -14' on the Schedule 'A' to this By -law.
d) All buildings or structures shall comply with any required setbacks from a
Provincial Highway, as provided and maintained in accordance with the
requirements of the Provincial Ministry of Transportation.
e) Where a building or structure is located adjacent to a licensed airport, setbacks
and height limitations shall be provided and maintained in accordance with the
requirements of Transport Canada or the Municipal Zoning By -law, whichever
is the most restrictive.
f) Off - street parking for office and related accessory commercial uses shall be
provided at a ratio of one space for each 28 square metres of floor space used
for offices and related accessory commercial uses.
g) No part of the lot within six (6) metres of the front lot line, in a front yard, that
is not used for driveways, shall be used for parking and any part thereof not used
for driveways shall be adequately landscaped.
h) Minimum Front Yard Setback shall be 10 metres;
i) Minimum Side Yard Setback shall be 10 metres;
j) Minimum Rear Yard Setback shall be 10 metres;
53
f
k) Minimum Lot Frontage shall be 300 metres;
1) Minimum Lot area shall be 59,140 square metres;
m) Maximum building height shall be 20 metres, except where further restricted by
any other authority or Zoning By -law provisions applicable in the vicinity of an
airport;
n) The parking of aircraft on an open, concrete apron shall be allowed on said
apron which shall not exceed 25% of the total lot area in size.
o) All aspects of the site development including buildings, landscaped areas,
parking areas for vehicles and for aircraft, access and exits to and from the
property shall comply with the approved site plan.
iii) Other Provisions
a) Unless specifically exempted by Subsections i), ii), or iii), all other provisions
of the Comprehensive Zoning By -law of the Township of Kincardine shall apply
to the use of the subject lands.
(By - law No. 91 - 15, McConnell)
9.3.9 (a) Notwithstanding their Al zoning designation, those lands described as Part of Lot 17,
Concession 7, in the Township of Kincardine and delineated as 'Al- 91 -15a' on Schedule
'A' to this by -law may be used for residential purposes in compliance with the 'Al' zone
provisions, contained in this By -law, excepting, however, that:
i) the 'minimum lot area' shall be 15,904 square metres (3.93 acres);
ii) the 'minimum lot frontage' shall be 118 metres (390 feet); and
iii) for the purposes of this Subsection, 'lot area' shall be defined as the total
horizontal area within the lot lines.
(b) Notwithstanding their 'Al' zoning designation, those lands described as Part of Lot 17,
Concession 7, in the Township of Kincardine and delineated as 'A1- 91 -15b' on Schedule
'A' to this By -law, may be used for agricultural purposes, in compliance with the 'Al'
zone provisions, contained in this By -law, excepting, however, that:
i) no residential structures shall be permitted.
(c) Notwithstanding their 'A2' zoning designation, those lands described as Part of Lot 17,
Concession 7, in the Township of Kincardine and delineated as 'A2 -21' on Schedule 'A'
to this By -law, may be used for agricultural purposes in compliance with the 'A2' zone
provisions contained in this By -law, excepting, however, that:
i) no new residential structures shall be permitted
(By - law 91 - 31, R. A. Stewart)
9.3.10 (a) Notwithstanding their 'Al' zoning designation, those lands described as Part of Lots 21
and 22, Concession 3, SDR, in the Township of Kincardine and delineated as 'Al -19-
54
31a' on Schedule 'A' to this By -law may be used for residential purposes, in addition to
those uses normally permitted in compliance with the 'Al' zone provisions, contained
in this By -law, excepting, however, that:
•
i) the 'minimum lot area' shall be 1.21 hectares (3.0 acres); and
ii) the 'minimum lot frontage' shall be 100.6 metres (330 feet)
(h) Notwithstanding their 'Al' zoning designation, those lands described as Part of Lots 21
and 22, Concession 3, SDR, in the Township of Kincardine and delineated as 'A1 -91-
3lb' on Schedule 'A' to this by -law, may be used for agricultural purposes, in
compliance with the 'Al' zone provisions, contained in this By -law, excepting, however,
that:
i) no new residential structures shall be permitted.
(By - law 91 - 44, Canadian Agra /Elameo Farms)
9.3.11 (a) Notwithstanding their 'Al' zoning designation, those ands described as Part of Lot 1,
Concession 3 NDR, in the Township of Kincardine and delineated as 'Al- 91 -44a' on
Schedule 'A' to this By -law may be used for residential purposes, in addition to those
uses normally permitted in compliance with the 'Al' zone provisions, contained in this
By -law, excepting, however, that:
i) the 'minimum lot area' shall be 0.9 hectares (2.25 acres); and
ii) the 'minimum lot frontage' shall be 66.5 metres
(b) Notwithstanding their 'Al' zoning designation, those lands described as Part of Lot 1,
and Lots 2 and 3, Concession 3 NDR and Part of Lot 1, Concession 4, in the Township
of Kincardine and delineated as 'Al- 91 -44b' on Schedule 'A' to this By -law, may be
used for agricultural purposes, in compliance with the 'Al' zone provisions, contained
in this By -law, excepting, however, that:
i) no new residential structures shall be permitted.
(By - law 92 - 03, Klunder)
9.3.12 Notwithstanding their 'Al' zoning designation, those lands described as Lot 40, Concession 1
NDR and delineated as 'Al- 92 -03' on Schedule 'A' to this By -law may be used for agricultural
purposes in compliance with the 'Al' zone provisions contained in this By -law, excepting
however, that:
i) the 'minimum lot area' shall be 20.1 hectares (49.7 acres); and
ii) the 'minimum lot frontage' shall be 201.2 metres (660 feet)
(By - law 92 - 04, Johnson)
9.3.13 (a) ., :a . : • .. ' s.:a_ .;s .s .:.wr.:.a.'.0 . `,t. .:::. V • .T
'Al- 92 -04a' on Schedule 'A' to this By -law may be used for non -farm residential purposes, in
55
compliance with the 'Al' zone provisions, contained in this By -law, excepting, however, that:
i) the 'minimum lot area' shall be 2.23 hectares (5.5 acres); and
ii) the 'minimum lot frontage' shall be 142 metres (466 feet)
(b) Notwithstanding their 'Al' zoning designation, those lands described as Part of Lot 39
and 40, Concession 3, NDR, in the Township of Kincardine and delineated as 'Al -92-
04b' on Schedule 'A' to this by -law, may be used for agricultural purposes, in
compliance with the 'Al' zone provisions, contained in this By -law, excepting, however,
that:
i) the `minimum lot area' shall be 48.3 hectares (119.24 acres);
ii) the `minimum lot frontage' shall be 260.3 metres (854 feet); and,
iii) no new residential structures shall be permitted.
(By -law 92 -13, Green)
9.3.14 (a) Notwithstanding their 'Al' zoning designation, those lands described as Part of Lot 6,
Concession 3, SDR, in the Township of Kincardine and delineated as 'A1- 92 -13a' on
Schedule 'A' to this By -law, may be used for residential purposes in compliance with
the 'Al' zone provisions contained in this By -law, excepting, however, that;
i) the 'minimum lot area' shall be 1.68 hectares (4.15 acres)
ii) the 'minimum lot frontage' shall be 129.5 metres; and,
iii) for the purposes of this Subsection, 'lot area' shall be defined as the total
horizontal area within the lot lines of the lot.
(b) Notwithstanding their 'Al' zoning designation, those lands described as Part of Lot 6,
Concession 3, SDR, in the Township of Kincardine and delineated as 'A1- 92 -13b' on
Schedule 'A' to this By -law may be used for agricultural purposes, in compliance with
the 'Al' zone provisions contained in this By -law, excepting, however, that:
i) no residential buildings or structures shall be permitted.
(By -law 92 -29, Ackert)
9.3.15 (a) Notwithstanding their 'Al' zoning designation, those lands described as Part of Lots 25
and 26, Concession 'A', in the Township of Kincardine and delineated as 'A1- 92 -24a'
on Schedule 'A' to this By -law may be used for residential purposes in addition to those
uses normally permitted in the 'Al' zone provisions, contained in this By -law,
excepting, however, that:
i) the 'minimum lot area' shall be 7.69 hectares (19 acres)
ii) the 'minimum lot frontage' shall be 403.86 metres (1325 feet); and,
iii) for the purposes of this Subsection, 'Lot Area' shall be defined as the total
horizontal area within the lot lines.
56
(b) Notwithstanding their 'Al' zoning designation, those lands described as Part of Lots 25
and 26, Concession 'A', in the Township of Kincardine and delineated as 'A1- 91 -24b'
on Schedule 'A' to this By -law, may be used for agricultural purposes, in compliance
with the 'A l' zone provisions, contained in this By -law.
(By -law 92 -39, Morris)
9.3.16 (a) Notwithstanding their 'Al' zoning designation, those lands described as Part of Lot 25,
Concession 10, in the Township of Kincardine and delineated as 'A1- 92 -39a' on
Schedule 'A' to this By -law, may be used for residential purposes in compliance with
the 'Al' zone provisions contained in this By -law, excepting, however, that;
i) the 'minimum lot area' shall be 3.8 acres
ii) the 'minimum lot frontage' shall be 260 feet.
(b) Notwithstanding their 'Al' zoning designation, those lands described as Part of Lot 25,
Concession 10, in the Township of Kincardine and delineated as 'A1- 92 -39b' on
Schedule 'A' to this By -law may be used for agricultural purposes, in compliance with
the 'Al' zone provisions contained in this By -law, excepting, however, that:
i) no residential structures shall be permitted
(By -law 93 -06, Can Agra)
9.3.17 (a) Notwithstanding their 'Al' zoning designation, those lands described as Part of Lot 7,
Concession 11, in the Township of Kincardine and delineated as 'Al- 93 -06a' on
Schedule 'A' to this By -law, may be used for residential purposes in compliance with
the 'Al' zone provisions contained in this By -law, excepting, however, that;
i) the 'minimum lot area' shall be 1.12 hectares (2.76 acres);
ii) the 'minimum lot frontage' shall be 60 metres;
iii) for the purposes of this subsection, `lot area' shall be defined as he total
horizontal area within the lot lines of the lot.
(By -law 95 -10, Can Agra)
(b) Notwithstanding their 'Al' zoning designation, those lands described as Part of Lot 7,
Concession 11, in the Township of Kincardine and delineated as 'Al- 93 -06b' on
Schedule 'A' to this By -law may be used for agricultural purposes, in compliance with
the 'Al' zone provisions contained in this By -Iaw, excepting, however, that:
i) the minimum lot area shall be 39.03 ha (96.46 acres);
ii) for the purposes of this subsection, `lot area' shall be defined as he total
horizontal area within the lot lines of the lot.
(By -law 93 -07, Can Agra)
9.3.18 (a) Notwithstanding their 'Al' zoning designation, those lands described as Part of Lot 9,
57
Concession 10, in the Township of Kincardine and delineated as 'Al- 93 -07a' on
Schedule 'A' to this By -law, may be used for residential purposes in compliance with
the 'Al' zone provisions contained in this By -law, excepting, however, that;
i) the 'minimum lot area' shall be 1.5 hectares (3.7 acres);
ii) the 'minimum lot frontage' shall be 84 metres;
iii) for the purposes of this subsection, `lot area' shall be defined as he total
horizontal area within the lot lines of the lot.
(By - law 95 - 11, Can Agra)
(b) Notwithstanding their 'Al' zoning designation, those lands described as Part of Lot 9,
Concession 10, in the Township of Kincardine and delineated as 'Al- 93 -07b' on
Schedule 'A' to this By -law may be used for agricultural purposes, in compliance with
the 'Al' zone provisions contained in this By -law, excepting, however, that:
i) the minimum lot area shall be 39.4 ha (97.25 acres);
ii) for the purposes of this subsection, `lot area' shall be defined as he total
horizontal area within the lot lines of the lot.
(By - law 93 - 08, Can Agra)
9.3.19 (a) Notwithstanding their 'Al' zoning designation, those lands described as Part of Lot 30,
Concession 3, in the Township of Kincardine and delineated as 'Al- 93 -08a' on Schedule
'A' to this By -law, may be used for residential purposes in compliance with the 'Al'
zone provisions contained in this By -law, excepting, however, that;
i) the 'minimum lot area' shall be 6 acres;
ii) the 'minimum lot frontage' shall be 663 feet;
iii) for the purpose of this subsection, `lot area' shall be defined the total
horizontal area within the lot lines of the lot.
(b) Notwithstanding their 'Al' zoning designation, those lands described as Part of Lot 30,
Concession 3, in the Township of Kincardine and delineated as 'Al- 93 -06b' on Schedule
'A' to this By -law may be used for agricultural purposes, in compliance with the 'Al'
zone provisions contained in this By -law, excepting, however, that:
i) no residential structures shall be permitted
(By - law 93 - 09, Penner)
9.3.20 Notwithstanding their 'Al' zoning designation, those lands described as Part of Lot 55,
Concession `B', in the Township of Kincardine and delineated as 'Al- 93 -09' on Schedule 'A'
to this By -law, may be used for residential purposes in compliance with the 'Al' zone provisions
contained in this By -law, excepting, however, that;
i) the 'minimum lot area' shall be 0.36 hectares (0.89 acres);
ii) the 'minimum lot frontage' shall be 60 metres.
58
(By -Iaw 93 -13, Collins)
9.3.21 Notwithstanding their 'Al' zoning designation, those lands described as Part of Lot 21,
Concession 5, in the Township of Kincardine and delineated as 'A1 -93 -a' on Schedule 'A' to this
By -law, may be used for residential purposes in compliance with the 'Al' zone provisions
contained in this By -law, excepting, however, that;
i) the 'minimum lot area' shall be 1.98 acres;
ii) the 'minimum lot frontage' shall be 275.1 feet;
iii) for the purposes of this subsection, `lot area' shall be defined as he total horizontal area
within the lot lines of the lot.
(By - law 93 - 15, Hewitt)
9.3.22 Notwithstanding their 'Al' zoning designation, those lands described as Part of Lot 27,
Concession 5, in the Township of Kincardine and delineated as 'A1- 93 -15' on Schedule 'A' to
this By -law, may be used for residential purposes in compliance with the 'Al' zone provisions
contained in this By -law, excepting, however, that;
i) the 'minimum lot area' shall be 3 acres;
ii) the 'minimum lot frontage' shall be 330 feet;
iii) for the purposes of this subsection, `lot area' shall be defined as he total horizontal area
within the lot lines of the lot.
(By - law 93 - 16, Schmidt)
9.3.23 Notwithstanding their 'Al' zoning designation, those lands described as the North half of Lot
6, Concession 7, in the Township of Kincardine and delineated as 'A1- 93 -16' on Schedule 'A'
to this By -law, may be used in compliance with the 'Al' zone provisions contained in this By-
law, excepting, however, that;
i) the 'minimum lot area' shall be 20 hectares (50 acres);
ii) the 'minimum lot frontage' shall be 500 metres.
(By - law 94 - 04, Van de Klippe)
9.3.24 Notwithstanding their 'Al' zoning designation, those lands described as Part of Lots 3 and 4,
Concession 4, in the Township of Kincardine and delineated as 'A1- 94 -04' on Schedule 'A' to
this By -law, may be used for residential purposes in compliance with the 'Al' zone provisions
contained in this By -law, excepting, however, that;
i) the 'minimum lot area' shall be 6071 square metres;
ii) the 'minimum lot frontage' shall be 63.6 metres;
iii) for the purposes of this Subsection, 'lot area' shall be defined as the total horizontal area
within the lot lines of the lot.
(By - law 94 - 05, Convay)
9.3.25 Notwithstanding their 'Al' zoning designation, those lands delineated as 'Al- 94 -05' on Schedule
'A' to this By -law, may be used for non -farm residential purposes in compliance with the 'Al'
59
zone provisions contained in this By -law, excepting, however, that;
i) the 'minimum lot area' shall be 0.57 hectares (1.4 acres)
ii) the 'minimum lot frontage' shall be 109.5 metres (359 feet).
(By -law 94 -06, Eby)
9.3.26 Notwithstanding their 'Al' zoning designation, those lands delineated as 'A1- 94 -06' on Schedule
'A' to this By -law, may be used for non -farm residential purposes in compliance with the 'Al'
zone provisions contained in this By -law, excepting, however, that;
i) the 'minimum lot area' shall be 0.61 hectares (1.5 acres)
ii) the 'minimum lot frontage' shall be 80.7 metres (265 feet); and,
iii) Section 6.13(a) shall not apply.
(By - law 94 - 20, Fair)
9.3.27 Notwithstanding their 'Al' zoning designation, those lands described as Part of Lots 32, 33 and
34, Concession 1, S.D.R. in the Township of Kincardine and delineated as 'Al- 94 -20' on
Schedule 'A' to this By -law, may be used for non -farm residential purposes in compliance with
the 'Al' zone provisions contained in this By -law, excepting, however, that;
i) the 'minimum lot area' shall be 1.45 hectares (3.5 acres); and,
ii) the 'minimum lot frontage' shall be 110.64 metres (363 feet).
(By - law 94 - 34, Stewart)
9.3.28 Notwithstanding their 'Al' zoning designation, those lands described as Part of Lots 9 and 10,
Concession 1, N.D.R. in the Township of Kincardine and delineated as 'A1- 94 -34' on Schedule
'A' to this By -law, may be used for non -farm residential purposes in compliance with the 'Al'
zone provisions contained in this By -law, excepting, however, that;
i) the 'minimum lot area' shall be 1.25 hectares (3.1 acres)
ii) the 'minimum lot frontage' shall be 70 metres (230 feet).
(By - law 95 - 19, Can Agra)
9.3.29 (a) Notwithstanding their 'Al' zoning designation, those lands described as Part of Lot 10,
Concession 5, in the Township of Kincardine and delineated as 'Al- 95 -19a' on Schedule
'A' to this By -law, may be used for non -farm residential purposes in compliance with
the 'Al' zone provisions contained in this By -law, excepting, however, that;
i) the 'minimum lot area' shall be 0.56 hectares (1.4 acres); and,
ii) the 'minimum lot frontage' shall be 57 metres (187 feet).
(b) Notwithstanding their 'Al' zoning designation, those lands described as Part of Lot 10,
Concession 5, in the Township of Kincardine and delineated as 'Al- 95 -19b' on Schedule
'A' to this By -law may be used for agricultural purposes, in compliance with the 'Al'
zone provisions contained in this By -law, excepting, however, that:
60
i) the minimum lot area shall be 39.9 ha (98.6 acres).
(By - law 95 - 29, Shantz)
9.3.30 Notwithstanding their 'Al' zoning designation, those lands described as Part of Lot 70,
Concession 1 NDR, in the Township of Kincardine and delineated as 'A1- 95 -40a' on Schedule
'A' to this By -law, may be used for residential purposes in compliance with the 'Al' zone
provisions contained in this By -law, excepting, however, that;
i) the 'minimum lot area' shall be 4.46 acres;
ii) the 'minimum lot frontage' shall be 648 feet;
iii) for the purposes of this subsection, `lot area' shall be defined as he total horizontal area
within the lot lines of the lot.
(By - law 95 - 34, Farrel)
9.3.31 Notwithstanding their 'Al' zoning designation, those lands described as Part of Lots 38 and 39,
Concession A, Township of Kincardine and delineated as 'A1- 95 -34' on Schedule 'A' to this By-
law, may be used for residential purposes in compliance with the 'Al' zone provisions contained
in this By -law, excepting, however, that;
i) the 'minimum lot area' shall be 18 hectares (44 acres).
(By - law 96 - 09, Morris)
9.3.32 a) Notwithstanding their 'Al' zoning designation, where lands are delineated as 'A1 -96-
09a' on Schedule 'A' to this By -law, may be used in compliance with the 'Al' zone
provisions contained in this By -law, excepting, however, that;
i) the 'minimum lot area' shall be 1.8 hectares (4.4 acres); and,
•
ii) the 'minimum lot frontage' shall be 68 metres (223 feet).
b) Notwithstanding their 'Al' zoning designation, where lands are delineated as 'Al -96-
09b' on Schedule 'A' to this By -law may be used in compliance with the 'Al' zone
provisions contained in this By -law, excepting, however, that:
i) the minimum lot area shall be 38.6 ha (95.5 acres).
(By - law 96 - 21, Munro)
9.3.33 Notwithstanding their 'Al' zoning designation, where lands are delineated as 'A1- 96 -21.' on
Schedule 'A' to this By -law, may be used in compliance with the 'Al' zone provisions contained
in this By -law, excepting, however, that;
i) a second dwelling may be erected on the lot;
ii) the second dwelling may be a mobile home and shall only be permitted until July 1,
2006;
iii) the minimum distance between a barn existing on the date of the passing of this by -law
and the second dwelling shall be 5.4 metres (18 feet); and,
61
iv) the minimum ground floor area for the second dwelling unit shall be 38 square metres
(409 square feet).
(By - law 97 - 04, Woods)
9.3.34 a) Notwithstanding their 'Al' zoning designation, where lands are delineated as 'A1 -97-
04a' on Schedule 'A' to this By -law, may be used for non -farm residential purposes, in
accordance with the 'Al' zone provisions contained in this By -law, excepting, however,
that;
i) the 'minimum lot area' shall be 1.0 hectares (2.5 acres); and,
ii) the 'minimum lot frontage' shall be 52 metres (171 feet).
b) Notwithstanding their 'Al' zoning designation, where lands are delineated as 'Al -97-
04b' on Schedule 'A' to this By -law may be used be used for agricultural purposes, in
accordance with the 'Al' zone provisions contained in this By -law, excepting, however,
that:
i) the minimum lot area shall be 39.25 ha (97 acres).
(By - law 97 - 09, Travis)
9.3.35 a) Notwithstanding their 'Al' zoning designation, where lands are delineated as 'A1 -97-
09a' on Schedule 'A' to this By -law, may be used in compliance with the 'Al' zone
provisions contained in this By -law, excepting, however, that;
i) the 'minimum lot area' shall be 0.73 hectares (1.8 acres); and,
ii) the 'minimum lot frontage' shall be 41 metres (135 feet).
b) Notwithstanding their 'Al' zoning designation, where lands are delineated as 'A1 -97-
09b' on Schedule 'A' to this By -law may be used in compliance with the 'Al' zone
provisions contained in this By -law, excepting, however, that:
i) the minimum lot area shall be 39.5 ha (97.5 acres).
(By - law 97 - 18, Maas)
9.3.36 Notwithstanding their 'Al' zoning designation, where lands are delineated as 'A1- 97 -18' on
Schedule 'A' to this By -law, may be used in compliance with the 'Al' zone provisions contained
in this By -law, excepting, however, that;
i) the 'minimum lot area' shall be 1.2 hectares (3.1 acres); and,
ii) the 'minimum lot frontage' shall be 61 metres (200 feet).
(By - law 97 - 20, Hellerschmid)
9.3.37 a) Notwithstanding their 'Al' zoning designation, where lands are delineated as 'Al -97-
20a' on Schedule 'A' to this By -law, may be used in compliance with the 'Al' zone
provisions contained in this By -law, excepting, however, that;
62
i) the 'minimum lot area' shall be 1.2 hectares (2.96 acres); and,
ii) the 'minimum lot frontage' shall be 94 metres (308 feet).
b) Notwithstanding their 'A 1' zoning designation, where lands are delineated as 'A1 -97-
20b' on Schedule 'A' to this By -law may be used in compliance with the 'Al' zone
provisions contained in this By -law, excepting, however, that:
i) the minimum lot area shall be 39.5 ha (97.5 acres).
(By - law 1998 - 7, Jantzi)
9.3.38 Notwithstanding their 'Al' zoning designation, where lands are delineated as 'Al- 1998 -7' on
Schedule 'A' to this By -law, may be used in compliance with the 'Al' zone provisions contained
in this By -law, excepting, however, that;
i) a cemetery, developed in accordance with the "I - Institutional" zone provisions
contained herein, shall be permitted.
(By - law 1999 - 23, Travers)
9.3.39 Notwithstanding their 'Al' zoning designation, those lands designated as 'Al- 1999 -23' on
Schedule 'A' to this By -law, may be used for non -farm residential purposes, in compliance with
the Al zone provisions contained in this by -law, excepting however, that:
i) the minimum lot area shall be 1.5 hectares (3.7 acres);
ii) the minimum lot frontage shall be 84 metres (275 feet); and,
iii) "lot area" shall be defined as the total horizontal distance within the lot lines of a lot.
63
SECTIO 1 I- I: I _ • -
All uses permitted and provisions of the Al zone apply to the A2 Zone save and except for intensive
agriculture and liquid manure storage facilities.
10.1 SPECIAL PROVISIONS
(By -Law 84 -19, Milne)
10.1.1 (a) Notwithstanding their A2 Zoning designation, those lands shown as 'A2- 84 -19 -A' on
the Schedule "A" to this By -Law and described as Part of Lot 2, Concession 1, S.D.R.,
in the Township of Kincardine, shall only be used in compliance with the A2 Zone
provisions contained within this By -Law, excepting however that:
i) a non - agricultural detached dwelling may be permitted; and
ii) the maximum lot area shall be 6200 square metres and the minimum lot frontage
shall be 65 metres for non - agricultural detached dwelling; and
iii) the minimum ground floor area for a non - agricultural detached dwelling shall
be 55 square metres.
(b) Notwithstanding their A2 Zoning designation, those lands shown as 'Al- 84 -19 -B' on the
Schedule 'A" to this By -law and described as Part of Lot 3, Concession 1, S.D.R.,
Township of Kincardine, shall only be used in compliance with the 'AT Zone provisions
contained within this By -Law, excepting however that:
i) the minimum side yard for a residential use or a non - residential use shall be 15
metres.
(By - Law 85 - 04, Haynes)
10.1.2 Notwithstanding their A2 Zoning designation, those lands described as Part of Lot 50,
Concession 1, S.D.R., and identified by the Zoning Designation 'A2- 85 -04' on the Schedule 'A'
of this By -Law may be used for the purposes of a non - agricultural detached dwelling in addition
to those uses normally permitted in the 'A2' Zone, in compliance with the A2 Zone provisions
contained in this By -Law, excepting however that:
i) the minimum lot area and the minimum lot frontage for a non - agricultural detached
dwelling shall be 7600 square metres and 100 metres, respectively.
(By - Law 90 - 08 McLelland)
10.1.3 Notwithstanding their 'A2' Zoning designation, those lands described as Part of Lot 49,
Concession 1 NDR, and delineated as 'A2- 90 -08' on Schedule "A" to this By -Law, shall be used
for agricultural purposes in compliance with the 'A1- 90 -08' Zone provisions, excepting
however, that:
(i) intensive agriculture and liquid manure storage facilities shall not be permitted.
64
(By -law 90 -20, 788129 Ont. Ltd)
10.1.4 (a) Notwithstanding their 'A2' Zoning designation, those lands described as Part of Lot 17,
Concession 6, Township of Kincardine and delineated as 'A2- 90 -20A' on Schedule "B"
to this By -law shall be used for agricultural purposes in compliance with the 'A2' Zone
provisions contained in this By -law, excepting, however, that:
(i) the 'Minimum Lot Area' shall be 35 hectares (86.5 acres);
(ii) for the purposes of this Subsection, 'Lot Area' shall be defined as the total
horizontal area between the lot lines.
(b) Notwithstanding their 'A2' Zoning designation, those lands described as Part of Lot 17,
Concession 6, Township of Kincardine and delineated as 'A2- 90 -20B' on Schedule "B"
to this By -law, shall be used for agricultural purposes in compliance with the 'Al' Zone
provisions contained in this By -law, excepting, however, that:
(i) the 'Minimum Lot Area' shall be 35.0 hectares (86.5 acres);
(ii) for the purposes of this Subsection 'Lot Area' shall be defined as the total
horizontal area between the lot lines.
(By - law 95 - 14, Haynes)
10.1.5 Notwithstanding their 'A2' Zoning designation, those lands described as Part of Lot 50,
Concession 1, S.D.R.,Township of Kincardine and delineated as 'A2- 95 -14' on Schedule "A"
to this By -law shall be used for non -farm residential purposes in compliance with the 'A2' Zone
provisions contained in this By -law, excepting, however, that:
(i) the permitted uses shall include a commercial boarding kennel.
65
•\ ;_• • \- _ •::. - :_ . _1_ \ 4 • \_. -
11.1 LOC • TION OF ACCESSORY BUILDINGS
(a) Attached buildings accessory to detached and semi - detached dwellings may be located
in yards as follows:
(i) Permitted in the front yard but not closer to the street line than the distance
given by the required minimum front yard.
(ii) Permitted in the rear yard but not closer than 2 metres (6 feet) to the rear lot line.
(iii) For the purpose of side yards, the accessory building shall be considered as part
of the main building and side yards shall be provided according to the relevant
zone side yard regulations.
(b) Detached buildings accessory to detached and semi - detached dwellings may be located
in yards as follows:
(i) Not permitted in the front yard or exterior side yard, except a pumphouse to
supply domestic water supply.
(ii) Permitted in the rear yard but not closer than 1 metre (3 feet) to the rear and side
lot lines.
(c) Attached buildings accessory to dwellings other than detached or semi - detached
dwellings shall be considered as part of the main building and all yards shall be
provided according to the relevant zone yard provisions.
(d) Detached buildings accessory to dwellings other than detached or semi - detached
dwellings may be located in a side or rear yard only and not closer than 2 metres (6 feet)
to a side lot line or 1 metre (3 feet) to a rear lot line and not in any required planting
area.
11.2 '- t ! _ - - • - • 4_t1 • u -
(a) Garages may be erected across the side lot line common to any two adjoining lots
provided that:
(i) The garages for both lots are designed as one building, and
(ii) A common wall, on and along the side lot line, shall divide the garages, and
(iii) The garages for both lots shall be erected simultaneously.
(b) Detached garages on lots which adjoin a body of water may be located in the front yard
provided the lot upon which such building or structure is to be erected fronts upon an
improved public street and adjoins a body of water and provided that such garage is not
located closer than 7.5 metres (25 feet) from the front lot line and 3 metres (10 feet)
from any side lot line.
66
(c) Detached accessory buildings, designed and used only for the storage of boats and
boating accessories, and located on lots which adjoin a body of water, shall not require
a rear yard setback but shall comply with all other provisions of the By -Law.
11.3 S _ _ • ► - -► - I _N ' t'-
(a) The parking or storage of any unlicensed vehicles, disabled boat or unoccupied travel
trailer within a Residential Zone for a period of more than two (2) weeks shall be
prohibited unless such vehicle is stored in an enclosed garage or other accessory
building. However, one boat and one unoccupied travel trailer may be stored in a side
or rear yard.
(b) Automotive vehicles or travel trailers without current license plates shall not be parked
or stored in any Residential Zone other than in completely enclosed buildings.
11.4 NUMBER OF BUILDINGS PER LOT
Not more than one residential dwelling shall be erected on any one lot in any residential zone.
11.5 EXISTING LOTS
In any Residential Zone an existing lot may be used in accordance with the applicable zone
provided that:
(i) where no municipal water or sewers are available the minimum lot area shall be 1,000
square metres ( 10,760 square feet) and the minimum lot frontage shall be 15 metres (50
feet).
(ii) where either municipal water or private communal water systems, or municipal sewers
are available the minimum lot area shall be 800 square metres (8,600 square feet) and
the minimum lot frontage shall be 15 metres (50 feet).
(iii) where municipal water and sewers are available the minimum lot area shall be 450
square metres (4,860 square feet) and the minimum lot frontage shall be 15 metres (50
feet).
(iv) all other provisions of this By -law are complied with.
•
67
SECTION 12 - PROVISIONS FOR RESIDENTIAL ZONE 1 (Detached Residential) - RI
12.1 USES PERMITTED
No person shall within the R1 Zone use any lot or erect, alter or use any building or structure
for any purpose except for one or more of the following uses.
(a) Residential Uses
a detached dwelling
(b) Non- Residential Uses
a home occupation
buildings, structures and uses accessory to a permitted use
a sewage disposal system
12.2 ZONE PROVISIONS
No person shall within any R1 Zone use any lot or erect, alter or use any building or structure
except in accordance with the following provisions:
Provisions No Municipal Either Municipal Municipal
Water or Sewer Water or Sewer Water and
Sewer
minimum lot area 2000 m (21500 ft. 1000 m (10000 ft. 600 m (6460
ft
minimum lot 40 metres 30 metres 15 metres
frontage • (130 feet) (100 feet) (50 feet)
minimum lot 43 metres 33 metres 18 metres
frontage - (143 feet) (110 feet) (60 feet)
corner lot
minimum 7.5 metres 7.5 metres 7.5 metres
front yard (25 feet) (25 feet) (25 feet)
minimum 10 metres 10 metres 10 metres
rear yard (33 feet) (33 feet) (33 feet)
minimum 3 metres 3 metres 1.5 metres
side yard (10 feet) (10 feet) (5 feet)(a)
on one side on one side
68
-and- - and -
1.5 metres (5 feet) 1.5 metres (5 feet)
on the other side . on the other side
minimum 7.5 metres 7.5 metres 7.5 metres
exterior (25 feet) (25 feet) (25 feet)
side yard
minimum 70 m (755 ft. 70 m (755 ft. 70 m (755 ft.
ground floor greater than greater than greater than
one storey one storey one storey
90 m (950 ft. 90 m (950 ft. 90 m (950 ft.
one storey one storey one storey
maximum building 10 metres 10 metres 10 metres
height - main (33 feet) (33 feet) (33 feet)
building
maximum building 4 metres 4 metres 4 metres
height - accessory (13 feet) (13 feet) (13 feet)
building
maximum lot 15 % 20 % 30 %
coverage
Footnote
(a) Where no garage, carport or similar parking structure is provided, one side yard of at least
3 metres (10 feet) shall be provided.
12.3 SPECIAL PROVISIONS
(By -Law 83 -37, Hewitt)
12.3.1 The lands shown as "R1- 83 -37" on the Schedule "E" to this By -Law shall only be used in
compliance with the 'RP Zone provisions excepting however that:
a) the maximum lot area shall be 5120 square metres (55113 square feet);
b) the minimum lot frontage shall be 58 metres (190.3 feet);
c) notwithstanding any of the minimum yard requirements of the 'Rl' Zone, the
minimum separation distance between a detached dwelling and any livestock or
poultry building shall be 144.2 metres (473 feet).
69
(By -Law 84 -02, Ackert)
12.3.2 Notwithstanding their 'R1' Zoning designation, those lands identified as "R1- 84 -02" on the
Schedule "A" of this By -Law and described as Parts 1 and 2, Reference Plan 3R -2417, shall
only be used in compliance with the 'R1' Zone provisions, excepting however that the
minimum lot frontage shall be 39 metres.
(By - Law 84 - 14, Drake)
12.3.3 Notwithstanding their 'R1' Zoning designation, those lands delineated as "R1- 84 -14" on
Schedule "A" to this By -Law and described as Lot 113, Registered Plan 819, shall only be
used in compliance with the 'Rl' Zone provisions contained in this By -Law, excepting
however that a swimming pool existing as of the date of passage of By -Law No. 84 -14 may
be permitted in the front yard.
(By - Law 84 - 40, Women's House)
12.3.4 Notwithstanding their 'RP Zoning designation, those lands identified by the zone symbol
'R1- 84 -40' and described as Part of Lot 17, Concession "A ", Township of Kincardine, shall
only be used in compliance with the 'R1' Zone provisions contained in this By -Law,
excepting however, that a 'family resource centre' and uses accessory thereto may be
permitted in the existing building in accordance with the "I" Zone provisions of this By -Law
and in accordance with the following provisions:
(i) the required number of off - street parking spaces shall be provided in accordance with
Section 6.17(d) of this By -Law.
For the purposes of this Subsection, a 'family resource centre' shall be defined as a place of
transitional residence providing shared cooking, living, recreational, sleeping and sanitary
facilities to women and their children during a crisis in their lives that may endanger their
emotional, mental, social or physical condition or legal status. A 'family resource centre' as
defined herein shall only be permissible if operated in accordance with the terms and
stipulations of an agreement between its operators and the Ministry of Community and
Social Services and in accordance with a hostel agreement under the General Welfare Act
between its operators and the Corporation of the County of Bruce, and shall provide
responsible supervision and counselling consistent with the particular requirements of its
residents.
(By - law No. 90 - 05, Millard)
12.3.5 Notwithstanding their 'R1' Zoning designation, those lands described as Part of Lot 27,
Concession "A ", in the Township of Kincardine and delineated as 'R1- 90 -05' on Schedule
"A" to this By -law shall be used in compliance with the 'R1' Zone provisions contained in
this By -law, excepting, however, that:
(i) the 'Minimum Lot Frontage' shall be 29 metres;
(ii) the 'Minimum Lot Area' shall be 1,765 square metres.
70
(By -Law 91 -40, Eskrick)
12.3.6 Notwithstanding their 'R1' Zoning designation, those lands delineated as 'R1 -90 -7' on
Schedule "A" to this By -Law and described as Part 1, Plan 3R -4682, township of Kincardine
shall be used in compliance with the 'R1' Zoning. provisions contained in this By -Law,
excepting however, that:
(i) for the purposes of this Subsection, an improved street shall mean a public street
which has been assumed by By -Law of the Corporation as a public highway.
(By - law No. 95 - 30, Morris)
12.3.7 (a) Notwithstanding their 'RV Zoning designation, those lands delineated as 'R1- 95 -30a'
on Schedule "A" to this By -law shall be used in compliance with the 'R1' Zone
provisions contained in this By -law, excepting, however, that:
(i) the `Minimum Lot Area' shall be 1700 square metres (18330 square feet)
(ii) the 'Minimum Lot Frontage' shall be 28 metres (92 feet);
(iii) the 'Minimum Side Yard' for dwellings existing at the date of the passing of
this by -law shall be 1.5 metres (5 feet).
(b) Notwithstanding their 'RV Zoning designation, those lands delineated as 'R1- 95 -30b'
on Schedule "A" to this By -law shall be used in compliance with the 'R1' Zone
provisions contained in this By -law, excepting, however, that:
(i) the `Minimum Lot Area' shall be 2270 square metres (24450 square feet)
(ii) the 'Minimum Lot Frontage' shall be 35 metres (115 feet);
(iii) the 'Minimum Side Yard' for dwellings existing at the date of the passing of
this by -law shall be 1.5 metres (5 feet);
(By - law No. 95 - 31, Hartwick)
12.3.8 Notwithstanding their 'R1' Zoning designation, those lands described as Part of Lot 24,
Concession A, Township of Kincardine, and delineated as 'R1- 95 -31' on Schedule "A" to this
By -law shall be used in compliance with the 1 R1' Zone provisions contained in this By -law,
excepting, however, that:
(i) the `Minimum Lot Area' shall be 4000 square metres (43000 square feet)
(ii) the 'Minimum Lot Frontage' shall be 30 metres (100 feet);
(iii) the 'Minimum Interior Side Yard' for structures existing at the date of the passing of
this by -law shall be 1.7 metres (5.6 feet).
(By - law No. 97 - 14, Ferraro)
12.3.9 a) Notwithstanding their 'R1' zoning designation, where lands are designated as 'R1 -97-
14a' on Schedule 'A' to this By -law, may be used in compliance with the Rl zone
provisions contained in this by -law, excepting however, that:
i) Section 6.13 (a) Watercourse Setbacks, shall not apply;
71
ii) the minimum lot frontage shall be 30 metres (98 feet);
iii) the minimum lot frontage for a corner lot shall be 35 metres (115 feet);
iv) the minimum lot area shall be 4000 square metres (43,057 square feet);
v) "lot area" shall be defined as the total horizontal distance within the lot line
of a lot; and,
vi) a building location and elevation site plan, approved by the Saugeen Valley
Conservation Authority and the Township, shall be required prior to the
issuing of a building permit.
b) Notwithstanding their 'R1' zoning designation, where lands are designated as 'R1 -97-
14b' on Schedule 'A' to this By -law, may be used in compliance with the R1 zone
provisions contained in this by -law, excepting however, that:
i) Section 6.13 (a) Watercourse Setbacks, shall not apply;
ii) the minimum lot frontage shall be 45 metres (150 feet);
iv) the minimum lot area shall be 7000 square metres (75,450 square feet);
v) "lot area" shall be defined as the total horizontal distance within the lot line
of a lot; and,
vi) a building location and elevation site plan, approved by the Saugeen Valley
Conservation Authority and the Township, shall be required prior to the
issuing of a building permit.
c) Notwithstanding their 'R1' zoning designation, where lands are designated as 'R1 -97-
14c' on Schedule 'A' to this By -law, may be used in compliance with the R1 zone
provisions contained in this by -law, excepting however, that:
i) Section 6.13a (a) Watercourse Setbacks, shall not apply;
ii) the minimum lot frontage shall be 20 metres (66 feet);
iii) the minimum lot size shall be 1.5 hectares (3.7 acres);
iv) "lot area" shall be defined as the total horizontal distance within the lot line
of a lot;
v) "lot frontage" shall be defined as that portion of the lot which abuts a public
street; and,
vi) a building location and elevation site plan, approved by the Saugeen Valley
Conservation Authority and the Township, shall be required prior to the
issuing of a building permit.
72
e ∎ - ' @ i ∎ . I t t _ _ ► 4 e ► _ 2iSeasonal Residential) - R2
13.1 USES PERMITTED
No person shall within the R2 Zone use any Iot or erect, alter or use any building or structure
for any purpose except for one or more of the following uses:
(a) Residential Uses
a seasonal dwelling
(b) Non - Residential Uses
a home occupation
buildings, structures and uses accessory to a permitted use
a sewage disposal system
13.2 ZONE PROVISIONS
No person shall within any R2 Zone use any lot or erect, alter or use any building or
structure except in accordance with the provisions of Section 12.2 of this By -Law.
(By - Law 84 - 35, Township Housekeeping)
Provided however, that (i) the minimum lot area for lots with no municipal water or sewer
shall be 4000 square metres (43,000 square feet); and, (ii) the minimum lot area for lots with
either municipal water or sewer shall be 1800 square metres (19,365 square feet).
13.3 PROVISIONS FOR ISLAND DEVELOPMENT
Notwithstanding the provisions of the R2 Zone, no person shall erect and/or use any building
or structure on an island except in accordance with the following provisions:
Minimum Lot Area Above 2 Hectares (5 acres)
High Water Mark
Minimum Sewage System Setback 30 metres (100 feet)
from High Water Mark
Minimum Building Setback 15 metres (50 feet)
from High Water Mark
13.4 SPECIAL PROVISIONS
(By -Law 88 -11, Shiells)
13.4.1 Notwithstanding their 'R2' Zoning, those lands described as Part of Lots 57 and 58,
73
Concession "A ", in the Township of Kincardine and delineated as 'R2 -1' on Schedule "A"
to this By -Law, may be used, in compliance with the "R2" Zone provisions contained in this
By -Law, excepting however that:
i) the minimum lot frontage shall be 4.57 metres.
74
14.1 USES PERMITTED
No person shall within the R3 Zone use any lot or erect, alter or use any building or structure
for any purpose except for one or more of the following uses:
(a) Residential Uses
a detached dwelling
- a seasonal dwelling
(b) Non - Residential Uses
a home occupation
buildings, structures and uses accessory to a permitted use
- a sewage disposal system
14.2 ZONE PROVISIONS
No person shall within any R3 Zone use any lot or erect alter or use any building or structure
except in accordance with the provisions of Section 12.2 of this By -Law.
14.3 -PE '.1V • S _
No person shall use any residential building or structure for other than seasonal residential
purposes unless a conversion certificate has been applied for and obtained from the
Municipality.
No application for a certificate of conversion for a change in use shall be issued unless the
following change provisions are met:
i) All buildings and structures must conform to the Ontario Building Code, and the
Property Standards By -Law where applicable.
ii) The property must front onto a Class 1 Municipal Road.
iii) The sewage disposal system and potable water supply must meet the regulation
requirements of The Environmental Protection Act, 1974, and be so certified by the
Ministry of the Environment or its agent.
iv) The lot, buildings and structures must conform to all provisions of the By -Law save
and except for the lot area which may be reduced to 1,000 square metres (10,764
square feet).
75
14.4 SEECIAL PROVISIONS
(By -Law 89 -07, Nimer)
14.4.1 Notwithstanding their 'R3' Zoning designation, those lands described as Part of Lot 52,
Concession "A ", Township of Kincardine and delineated as 'R3 -1' on Schedule "A" of this
By -Law shall be used in compliance with the 'R3' zone provisions contained in this By -Law,
excepting however that:
i) the minimum rear yard setback requirement shall be 5.18 metres (17 feet).
(By - law No. 91 - 09, Township Housekeeping)
14.4.2 Notwithstanding their "R3" Zoning designation, on those lands described as Part of Lot 60,
Concession "A ", Township of Kincardine and delineated as 'R3 -2' on Schedule "A" to this
By -law, the existing residential dwelling may be used for the purposes of a commercial
accounting establishment in compliance with the 'C2' Zone provisions contained in this By-
law, in addition to the normal 'R3' uses.
(By - law No. 94 - 14, Flynn)
14.4.3 Notwithstanding their "R3" Zoning designation, on those lands described as Part of Lots 55
and 56, Concession "A ", Township of Kincardine and delineated as 'R3- 94 -14' on Schedule
"A" to this By -law, may be used for the cottage dwelling purposes in accordance with the
'R3' Zone provisions contained in this By -law, excepting however that:
(i) the `minimum lot area' shall be 2.4 hectares (5.9 acres)
For the purposes of paragraph 14.4.3 to Section 14.4, `lot area' shall be defined as the total
horizontal area within the lot lines of the lot.
(By - law No. 95 - 27, Cameron)
14.4.4 Notwithstanding their "R3" Zoning designation, on those lands described as Part of Lot 32,
Concession "A ", Township of Kincardine and delineated as 'R3- 95 -27' on Schedule "A" to
this By -law, may be used for residential purposes in compliance with the 'R3' Zone
provisions contained in this By -law, excepting however that:
(i) the `minimum lot area' shall be 3995 square metres (43,000 square feet); and,
(ii) the `minimum lot frontage' shall be 65.5 metres (215 feet).
(By - law No. 96 - 02, Plue)
14.4.5 (a) Notwithstanding their "R3" Zoning designation, on those lands described as Part of
Lot 40, Concession "A ", Township of Kincardine and delineated as 'R3- 96 -02a' on
Schedule "A" to this By -law, may be used for residential purposes in compliance
with the 'R3' Zone provisions contained in this By -law, excepting however that:
(i) the `minimum lot area' shall be 1780 square metres (19160 square feet).
76
(b) Notwithstanding their "R3" Zoning designation, on those lands described as Part of
Lot 40, Concession "A ", Township of Kincardine and delineated as 'R3- 96 -02b' on
Schedule "A" to this By -law, may be used for residential purposes in compliance
with the 'R3' Zone provisions contained in this By -law, excepting however that:
(i) the `minimum lot area' shall be 555 square metres (5900 square feet); and,
(ii) the requirements under Section 6.5, Frontage on a Public Street shall not
apply.
77
15.1 USES PERMITTED
No person shall within the R4 Zone use any lot or erect, alter or use any building or structure
for any purpose except for one or more of the following uses:
(a) Residential Uses
a detached dwelling
(b) Non - Residential Uses
buildings, structures and uses accessory to a permitted use
- a sewage disposal system
15.2 ZONE PROVISIONS
No person shall use within an R4 Zone any lot or erect, alter or use any building or structure
except in accordance with the following provisions:
PROVISIONS
minimum lot area 0.5 hectares (1.25 acres)
minimum lot frontage 45 metres (150 feet)
minimum side yards 7.5 metres (25 feet)
minimum front yards 7.5 metres (25 feet)
minimum rear yards 15 metres (50 feet)
minimum ground floor area 100 square metres (1000 square feet)
maximum height 10 metres (33 feet)
maximum lot coverage 5 %
15.3 SPECIAL PROVISIONS
78
•\ •-'t11 • \ • � t _. _ \ . ._ • ► U e). • p'1f• . • t - 1 � -
16.1 USES PERMITTED
No person shall within the R5 Zone use any lot or erect, alter or use any building or structure
for any purpose except for one or more of the following uses.
(a) Residential Uses
a mobile home park
a detached dwelling accessory to a mobile home park
a mobile home
(b) Non - Residential Uses
buildings, structures and uses accessory to a permitted use, including an
administrative and sales office for a mobile home park and a mobile home
park recreation building
a sewage disposal system
16.2 ZONE PROVISIONS
No person shall use within an R5 Zone any lot or erect, alter or use any building or structure
except in accordance with the following provisions:
(a) Provisions for Residential Non - Residential
Mobile Home Park
Minimum park area 4 hectares (10 acres) Not applicable
Minimum park planting area 20 metres (66 feet) Not applicable
Minimum open space 10% of the park area Not applicable
and recreation area
Minimum front yard 7.5 metres (25 feet) Not applicable
Minimum side yard 7.5 metres (25 feet) Not applicable
Minimum rear yard 7.5 metres (25 feet) Not applicable
(b) Provisions for Mobile Home Residential Non - Residential
LUssnsl Arci ssory Lots -
Minimum lot area 1500 m (16140 sq. ft.) Not applicable
79
•
(1 communal service)
Minimum lot area 550 m (6,000 sq. ft.) Not applicable
(2 communal services)
Minimum lot planting area 2 metres (6 feet) Not applicable
Minimum separation Not Applicable 10 metres (33 feet)
from a mobile home
Minimum and ground 40 m (430 sq. ft.) Not applicable
floor area
Maximum ground Not applicable 60 m (650 sq. ft.)
floor area
Minimum front yard 5 metres (16 feet) Not applicable
Minimum side yard 2 metres (6 feet) Not applicable
Maximum height 4 metres (13 feet) 5 metres (16 feet)
(c) Provisions for Mobile Home Park Roads
All roads within a mobile home park shall have a minimum width of 10 metres (33
feet) and shall be constructed and maintained in such a manner as to eliminate dust.
(d) Provisions for an Accessory Dwelling
One detached dwelling may be constructed and shall be accessory to a mobile home
park and such dwelling shall be used only as the principal residence for an owner,
manager or caretaker of the mobile home park.
(e) Park Planting and Lot Planting Areas
Park planting and lot planting areas as provided for in Section 6.15 shall be provided
along the front, side and rear lot lines.
(f) Provisions for a Mobile Home not located within a Mobile Home Park
Mobile Homes located on individual lots shall conform to the provisions of the Rl
Zone.
16.3 SPECIAL PROVISIONS
80
SECTION 17 - PROVISIONS FOR RESIDENTIAL ZONE 6 (Low Density Multiple
Residential) _T_. R6
17.1 I SES PERMITTED
No person shall within any R6 Zone use any lot or erect, alter or use any building or
structure for any purpose except for one or more of the following uses.
(a) Residential Uses
a detached dwelling
a duplex dwelling
- a semi - detached dwelling
- a triplex dwelling
a fourplex dwelling
(b) Non- Residential Uses
buildings, structures and uses accessory to a permitted use
a sewage disposal system
17.2 ZONE PR_QVISIONS
No person shall within any R6 Zone use any lot or erect or use any building or structure
except in accordance with the following provisions:
Provisions Semi - detached Duplex Triplex Fourplex
wellings Dwelling& Dwellings Dwellings
Min. lot area 2000 m 4000 m 6000 m 8000 m
no municipal (21500 ft (43100 ft (64500 ft (86100 ft
Min. lot area 1200 m 3000 m 3500 m 4000 m
either municipal (12900 ft (33000 ft (27600 ft (43100 ft
water or sewer
Min. lot area 500 m 800 m 1000 m 1300 m
municipal (5300 ft (8600 ft (10700 ft (13000 ft
water & sewer
Min. lot frontage 35 metres 45 m 45 m 50 metres
no municipal services (115 feet) (150 ft.) (150 ft) (160 ft)
Min. lot frontage 25 metres 35 m 35 m 40 metres
81
municipal water (80 feet) (115 ft) (115 ft) (130 feet)
and/or sewer
Min. side yard 5 m (16 ft) 5 m (16 ft) 5 m (16 ft) 10 m (33 ft)
Min. rear yard 10 m (33 ft) 10 m (33 ft) 10 m (33 ft) 10 m
(33 ft)
Min. front yard 8 m (26 ft) 8 m (26 ft) 8 m (26 ft) 10 m (33 ft)
Min. ground 90 m 1 storey 70 m 70 m 70 m
floor area 70 m > one storey (755 ft (755 ft (755 ft
Min. gross N/A N/A 210 m N/A
floor area (2200 ft
Maximum height 10 metres 10 m 10 m 10 metres
main building (33 feet) (33 ft) (33 ft) (33 feet)
Maximum height 4 metres 4 m 4 m 4 metres
accessory building (13 feet) (13 ft) (13 ft) (13 feet)
Maximum lot 15 % 10 % 10 % 10 %
coverage -
municipal services
Maximum lot 25 % 25 % 25 % 25 %
coverage - municipal
water and/or sewer
17.3 Detached dwellings shall be erected, altered or enlarged in accordance with the provisions
of the R1 Zone.
17.4 SPECIAL PROVISIONS
82
Family Residential) - R7
18.1 USES PERMITTED
No person shall with any R7 Zone use any lot or erect, alter or use any building or structure
for any purpose except for one or more of the following uses.
(a) Residential Uses
a townhouse dwelling
a maisonette dwelling
an apartment dwelling
(b) Non- Residential Uses
buildings, structures and uses accessory to a permitted use
a sewage disposal system
18.2 ZONE PROVISIONS
No person shall within any R7 Zone use any lot or erect or use any building or structure
except in accordance with the following provisions.
Provisions Maisonette /townhouse Apartment
Dwellings Dwellings
Minimum lot 500 square metres 450 square metres
area - either (5300 square feet) (4900 square ft)
municipal per unit per unit
water or sewer
Minimum lot 300 square metres 275 square metres
area - municipal (3000 square feet) (2900 square feet)
water & sewer
Minimum lot 30 metres 30 metres
frontage (100 feet) (100 feet)
Minimum side yard 5 metres (16 feet) 8 metres (26 feet)
Minimum rear yard 10 metres (33 feet) 10 metres (33 feet)
Minimum front yard 7.5 metres (25 feet) 10 metres (33 feet)
83
Minimum floor area
- bachelor unit 40 square metres 40 square metres
(430 square feet) (430 square
feet)
- one bedroom unit 60 square metres 60 square metres
(650 square feet) (650 square
feet)
- two bedroom unit 70 square metres 70 square metres
(750 square feet) (750 square
feet)
- three bedroom unit 90 square metres 90 square metres
(950 square feet) (950 square
feet)
- more than 90 square metres plus
three bedroom 10 square metres for each
units bedroom in excess of three
Maximum height 10 metres 10 metres
main building (33 feet) (33 feet)
Maximum height 3 metres 3 metres
accessory bldg. (10 feet) (10 feet)
•
Maximum lot coverage 35 % 35 %
Minimum landscaped 50 % 50 %
open space
18.3 SPECIAL PROVISIONS
84
19.1 U ►t U lu_ . - ' • - C 4 • ► • • u u _ I I ► Olt • u RESIDENTIAL
ZONES
No part of any commercial building shall be located within 10 metres (33 feet) of a
Residential Zone.
19.2 • ! • L. E I _ '_
Areas for the display or exhibition of goods, materials, produce or nursery stock may be
established in any yard subject to the following provisions:
(a) The display area shall not be located in any required parking or loading area
(b) Front, side and rear yards shall be provided for the display area equivalent to the
main building yard requirements for the zone in which the yard is situated.
19.3 LIGHTING
Where lighting facilities and/or illuminated signs are provided, they shall be so arranged as
to deflect light away from any abutting Residential Zone.
19.4 ACCESSORY RESIDENTIAL USES
In any Commercial Zone, an accessory residential use, whether or not attached to a principal
non - residential use permitted by this By -Law, shall be used only as the principal residence
for an owner, manager or caretaker of the permitted non - residential use. Such accessory
residential use shall conform to the requirements of Section 6.23 and 6.24.
19.5 PLANTING AREAS
Where a commercial zone abuts a residential zone, planting areas as provided for in Section
6.15 shall be provided.
19.6 NUMBER OF BUiLDINGS'PER_LOT
Not more than one main building or structure may be erected on one lot.
19.7 EXISTING LOTS
In any Commercial Zone an existing lot may be used in accordance with the applicable zone
provided that such lot has a minimum lot frontage of 15 metres (50 feet) and a minimum lot
area of 1000 square metres (10,765 square feet) for commercial and 1400 square metres
(15,065 square feet) for mixed commercial /residential and all other provisions of this By-
Law are complied with.
85
SECTION 20 - PROVISIONS FOR COMMERCIAL ZONE 2 (Hamlet Commerci - C2
20.1 USES PERMITTED
No person shall within the C2 Zone use any lot or erect, alter or use any building or structure
for any purpose except one or more of the following uses.
(a) Residential Uses
an accessory detached dwelling if in combination with and forming an
integral part of a permitted non - residential use.
(b) Non - Residential Uses
a retail store
barber shop
laundry collecting establishment
bank or trust company
business or professional office
hotel
motel
automobile service station
- automobile repair establishment
restaurant
parking lots
sewage disposal system
general store
20.2 ZONE PROVISIONS
No person shall within any C2 Zone use any lot or erect, alter or use any building or
structure except in accordance with the following provisions.
Provisions No Municipal Either Municipal Municipal
Water Or Sewer Water Or Sewer Water And Sewer
minimum lot 2500 m 2 1500 m 550 m 2
area (26900 ft. (16149 ft. (6000 ft
minimum lot 30 metres 30 metres 15 metres
frontage (100 feet) (100 feet) (50 feet)
minimum lot 43 metres 33 metres 18 metres
frontage - (143 feet) (110 feet) (60 feet)
86
corner lot
minimum 7.5 metres 7.5 metres 7.5 metres
front yard (25 feet) (25 feet) (25 feet)
minimum 10 metres 10 metres 10 metres
rear yard (33 feet) (33 feet) (33 feet)
minimum 5 metres 5 metres 1.5 metres
side yard (16 feet) (16 feet) (5 feet)
minimum 7.5 metres 7.5 metres 7.5 metres
exterior side yard (25 feet) (25 feet) (25 feet)
maximum retail 325 m 325 m 325 m
floor area per (3500 ft (3500 ft (3500 ft
non - residential use
maximum bldg. 10 metres 10 metres 10 metres
height - main (33 feet) (33 feet) (33 feet)
building
maximum bldg. 4 metres 4 metres 4 metres
height - (13 feet) (13 feet) (13 feet)
accessory building
maximum lot 15 % 25 % 40 %
•
coverage
20.3 'Ili _8_ _ Ott, I' 1 = s DOW -\ -
Any accessory dwelling shall comply with the provisions of Section 6.23 and 6.24 of the By-
Law, whichever is applicable.
20.4 SPECIAL PROVISIONS -
(By -law 98 -20, Doupe)
20.4.1 Notwithstanding their 'CT zoning designation, those lands designated as 'C2- 98 -20 -h' on
Schedule 'A' to this By -law, may be used in compliance with the C2 zone provisions
contained in this by -law, excepting however, that:
i) Section 6.13 (a) Watercourse Setbacks, shall not apply;
ii) "lot area" shall be defined as the total horizontal distance within the lot lines of a lot;
and,
iii) that the "sale of used cars and light trucks" be a permitted use.
87
•\ - '.I ..I►. at IUU : 4 Ilk . ..I 11111• -
21.1 USES PERMITTED
No person shall within a C3 Zone use any lot or erect, alter or use any building or structure
for any purpose except one or more of the following uses.
(a) Residential Uses
an accessory dwelling unit forming an integral part of the building or
structure containing a permitted non - residential use except an automobile
service station and automobile repair establishment.
(b) Non - Residential Uses
automobile service stations
- automobile repair establishment
automobile sales establishment
retail stores involving the sale of heavy machinery, fuels, factory equipment,
boats, building supplies, trailers, motorcycles, snowmobiles
- parking lots
- sewage disposal system
restaurants, drive -in restaurants, take -out restaurants
- establishments for the sale of nursery stock and/or garden supplies
- motels
- buildings, structures and uses accessory to a permitted use.
21.2 ZONE PROVISIONS
No person shall within any C3 Zone use any lot or erect, alter or use any building or
structure except in accordance with the following provisions:
Provisions Non - residential
minimum lot area 4000 square metres
(private services) (43000 sq. ft.)
minimum lot area 2000 square metres
(1 or more communal services) (21500 sq. ft.)
minimum lot frontage 30 m (100 feet)
minimum front yard 15 m (50 feet)
minimum side yard 10 m (33 feet)
88
minimum rear yard 10 m (33 feet)
maximum height 10 m (33 feet)
maximum lot coverage 10 %
(private services)
maximum lot coverage 20 %
(1 or more communal services)
minimum floor area 60 square metres (650 sq. ft.)
maximum floor area for 300 square metres
retail purposes (3000 sq. ft.)
21.3 PROVISIONS FOR ACCESSORY DWELLING
Any accessory dwelling shall comply with the provisions of Section 6.23 and 6.24 of this
By -Law whichever is applicable.
21.4 SPECIAL PROVISIONS
(By -Law 84 -35, Township Housekeeping)
21.4.1 Notwithstanding their "C3" Zoning designation, and the lands delineated as "C3 -1" on
Schedule "A" to this By -Law shall only be used for the purposes of a retail and/or wholesale
meat and groceries market, and uses accessory thereto, in compliance with the "C3" Zoning
provisions contained in this By -Law.
•
(By -law 84 -35, Township Housekeeping; By -Law 89 -15, Gallina)
21.4.2 Notwithstanding their "C3" Zoning designation, the lands delineated as "C3 -2" on Schedule
"A" to this By -Law shall only be used for the purposes of a restaurant, drive -in restaurant
or take -out restaurant, and uses accessory thereto, including the sale of - confectionary items
and souvenirs within the existing "C3" zone zoning provisions contained in this By -law,
excepting however that:
i) the 'Minimum Lot Area' shall be 3200 square metres;
ii) the 'Minimum Side Yard' shall be 8.5 metres.
(By - Law 88 - 05, Farrell)
21.4.3 Notwithstanding their 'C3' Zoning designation, those lands described as Part of Lot 1,
Concession 1, N.D.R. in the Township of Kincardine, and delineated as 'C3 -3' on Schedule
"A" of this By -Law shall only be used for a hardware and building supply store with
accessory uses, including the sale of small appliances and nursery stock and garden supplies,
in compliance with the 'C3' zone provisions, excepting however that:
89
(i) the maximum retail floor area shall be 1,120 square metres;
(By - Law 97 - 03, Guerette)
21.4.4 Notwithstanding their 'C3' Zoning designation, where lands are designated as 'C3- 97 -03' on
Schedule "A" of this By -Law may be used for highway commercial purposes, in accordance
with the 'C3' zone provisions, excepting however that:
(i) a detached residential dwelling may be permitted as an accessory use to the principal
residence for owner, manager or caretaker of the permitted non - residential use.
90
Commercial Campground) -05
22.1 USES PERMITTED
No person shall within the C5 Zone use any lot or erect, alter or use any building or structure
for any purpose except one or more of the following uses:
(a) Residential Uses
an accessory detached dwelling
(b) Non - Residential I Jses
- tents
- travel trailers
sewage disposal systems
buildings, structures and uses accessory to a permitted use including a
swimming pool, variety store, and an administrative building for a
campground operation.
22.2 ZON PROVISIONS
No person shall within any C5 Zone use any lot or erect, alter or use any building or
structure except in accordance with the following provisions:
Provisions Non - Residential
minimum lot area 4 ha. (10 acres)
maximum lot area 20 ha. (50 acres)
minimum lot frontage 60 m (200 feet)
minimum side yard - minimum 15 m (50 feet)
sep4Iai.iou from accessory
detached dwelling
minimum buffer area 15 m (50 feet)
- all lot lines
minimum area of campground site 235 square metres (2530 sq. ft.)
22.3 The maximum density of campsites shall not exceed 25 sites per hectare (10 sites per acre).
22.4 A minimum of 10% of the area of the camping establishment must be developed for
recreation purposes.
91
22.5 All campground sites shall have a minimum frontage of 15 metres (50 feet).
22.6 A buffer strip at least 1 metre (3 feet) wide shall be provided along the side and rear
boundaries of each campground site.
22.7 SPECIAL PROVISIONS
92
SECTION 23 - PROVISIONS FOR COMMERCIAL ZONE 6 (Rural Commercial) - C6
23.1 USES PERMITTED
No person shall within a C6 Zone use any lot or erect, alter or use any building or structure
for any commercial purpose except one or more of the following uses:
(a) Residential Uses
an accessory dwelling if in combination with and forming an integral part of
• a permitted non - residential use.
(b) Non - Residential Uses
establishment for the sale, repair and servicing of agricultural implements
and equipment.
general stores
veterinarian clinics and offices
automobile service stations
a sewage disposal system
buildings, structures and uses accessory to a permitted use.
23.2 ZONE PROVISIONS
No person shall within any C6 Zone use any lot or erect, alter or use any building or
structure except in accordance with the following provisions:
Provisions Non- Residential
minimum lot area 4000 square metres (43100 sq. ft.)
(no municipal sewer or water)
minimum lot area 2000 square metres (21500 sq. ft.)
(1 or more municipal services)
minimum lot frontage 30 m (100 feet)
minimum front yard 15 m (50 feet)
minimum side yard 10 m (33 feet)
minimum rear yard 10 m (33 feet)
maximum height 10 m (33 feet)
93
minimum ground floor area 70 square metres (750 sq. ft.)
maximum total floor area 300 square metres (3000 sq. ft.)
maximum lot coverage 15 %
minimum separation from 10 m (33 feet)
accessory detached dwelling
23.3 PROVISIONS FOR ACCESSORY DWELLINGS
Any accessory dwelling shall comply with the provisions of Section 6.23 or 6.24 of this By-
law, whichever is applicable.
23.4 SPECIAL PROVISIONS
(By -Law 87 -23, Bruce Agri -Park)
23.4.1 Notwithstanding their 'C6' Zoning designation, those lands described as Part of Lot 30,
Concession "A ", in the Township of Kincardine, and delineated as 'C6- 87 -23' on Schedule
"A" to this By -Law shall only be used in compliance with the 'C6' Zone provisions contained
in this By -Law, excepting that:
i) no accessory residential dwelling shall be permitted,
ii) the minimum Lot Area shall be 9.3 hectares; and,
iii) for the purposes of this Subsection, "LOT AREA" shall mean the total horizontal
area within the lot lines of a lot.
94
SECTION 24- ► its I► •::_. x.1 t -u
24.1 BILFEERMIANDSADJOINING RESIDENTIAL ZONES
Where an Industrial Zone abuts a Residential Zone the following regulations shall apply:
(a) No part of any industrial building shall be located closer than 20 metres (66 feet) to
the residential zone;
(b) A planting area shall be provided and maintained on the industrial land for the length
abutting the residential zone and such area shall be used for no other purpose except
landscaping;
(c) Where lighting facilities and/or illuminated signs are provided, they shall be so
arranged as to deflect light away from the abutting residential zone.
24.2 RAILWAY SPUR LINES
A railway spur line is permitted in any required yard that does not abut a residential zone.
24.3 REQUIRED SERVICES
New industrial uses shall not be erected unless such uses are serviced with a municipal water
supply and sewage treatment facilities or in the case of non - effluent producing industrial
uses as defined herein, with a pressure water supply and septic tank sewage disposal system.
24.4 ACCESSORY RESIDENTIAL USES
In any Industrial Zone, unless otherwise specified, an accessory residential use, whether or
not attached to a principal non - residential use permitted by this By -Law, shall be used only
as the principal residence for an owner, manager or caretaker of the permitted non - residential
use.
24.5 CORNER LOTS
The side yard requirement for buildings or structures located on corner lots shall be
increased by 5 metres (16 feet) for the side yard adjacent to the road or road right -of -way.
95
SEC 1► _ - '`1 . I► St ► . I►_ _ _it _ -J
25.1 USES PERMITTED
No person shall within the MI Zone use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following uses:
(a) Residential Uses
- an accessory dwelling unit forming an integral part of a permitted non - residential
use.
(b) Non - Residential Uses
establishments for the fabrication, repair and servicing of agricultural
implements and equipment
industrial uses including only, machine shops, welding shops, blacksmiths
shops, wood fabricating and cement fabricating operations.
- establishments for the storage, grading and handling of seed, feed, fertilizer
and farm produce, together with a sales office for such products.
buildings and contractors yards and building supplies
- fuel storage establishments
terminals for the storage and handling of freight
- open storage accessory to the permitted use
- sewage disposal system
stock yards
buildings, structures and uses accessory to a permitted use.
25.2 ZONE PROVISIONS
No person shall within any M1 Zone use any lot or erect, alter or use any building or
structure except in accordance with the following provisions:
Provisions Non - Residential
minimum lot area 4000 square metres (43100 sq. ft.)
(private services)
minimum lot area 3000 square metres (33000 sq. ft.)
(1 or more communal services)
minimum lot frontage 30 m (100 feet)
minimum front yard 15 m (50 feet)
96
minimum side yard 5 m (16 feet)
minimum rear yard 10 m (33 feet)
maximum lot coverage 10 %
(1 or more communal services)
minimum ground floor area 70 square metres (750 sq. ft.)
maximum height 15 m (50 feet)
25.3 PROVISIONS FOR ACCESSORY DWELLINGS
Any accessory dwelling shall comply with the provisions of Section 6.24 of this By - Law.
25.4 SPECIAL PROVISIONS
(By -Law 83 -42, Cerson)
25.4.1 Notwithstanding their "M1" Zoning designation, the lands described as "M1- 83 -42" on
Schedule "A" of this By -Law shall only be used in accordance with the 'Ml' Zone
provisions contained in this By -Law excepting however that:
i) residential uses, fuel storage establishments and stock yards shall not be permitted
ii) the minimum lot area shall be 1400 square metres (15070 square feet);
iii) the minimum front yard shall be 7.5 metres (25 feet);
iv) the minimum side yard shall be 3.5 metres on one side and 10.0 metres on the
opposite side;
v) the maximum lot coverage shall be 35 %;
vi) Subsection 24.1 (a), shall not apply to the lands affected by this By -Law
(By - Law 84 - 35, Township Housekeeping)
25.4.2 Notwithstanding their "M1" Zoning designation, those lands delineated as "M1 -1" on
Schedule "A" to this By -law shall only be used for the purposes of a fuel storage
establishment in compliance with the "M1" Zoning provisions contained in this By -Law,
excepting however that the minimum lot area requirements shall be 3500 square metres
(37,675 square feet).
(By - Law 98 - 12, Albrecht)
25.4.3 Notwithstanding their "M1" Zoning designation, those lands designated as "M1- 98 -12" on
Schedule "A" of this By -Law may be used in compliance with the 'M1' Zone provisions
contained in this By -Law excepting however that:
i) the minimum lot area shall be 4300 square metres (1.06 acres);
ii) the minimum lot frontage shall be 0 metres;
iii) the maximum lot coverage shall be 20 %;
97
iv) the front yard shall be that portion of the property between the M1 zone and the 20
side road; the rear yard shall be that portion of the M1 zone north of the buildings
and structures within the M1 zone;
v) open storage associated with the M1-98-12 zone shall be prohibited in all yards
except the rear yard;
vi) the repair, fabrication and servicing of horse drawn vehicles shall be permitted; and,
vii) the wholesale or retail of household wares or perishable goods and materials shall
be prohibited.
98
SECTION 26 . PROVISIONS E O_MlaUM 11Ai ZONE 2 (Extractive In ustrial) - M2
26.1 USES PERMITTED
No person shall within the M2 Zone use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following uses:
(a) Residential Uses
prohibited
(b) Non- Residential Use
an existing pit
an existing quarry
buildings, structures and uses accessory to a permitted use including a private
gasoline pump island and an open storage area.
26.2 ZONE P ROVISIONS
No person shall within any M2 Zone use any lot or erect, alter or use any building or
structure except in accordance with the following provisions:
Provisions Non- Residential
minimum lot area 1 ha. (2.5 acres)
minimum lot frontage 30 m (100 feet)
minimum lot coverage 1 %
minimum setback from a 30 m (100 feet)
municipal road allowance
minimum setback from any 15 m (50 feet)
other lot lines
maximum building height 10 m (33 feet)
minimum driveway setback 15 m (50 feet)
from any property lines
26.3 Notwithstanding any building setback provisions hereof to the contrary, no building setback
shall be required from any portion of a lot line which abuts a railroad right -of -way.
99
26.4 No part of any excavation for a gravel pit or stone quarry shall be located closer than:
(i) 30 m (100 feet) to any street line;
(ii) 15 m (50 feet) to any other lot lines; and
(iii) 35 m (115 feet) to the boundary of any Residential Zone.
26.5 Every face of a gravel pit or stone quarry which is excavated to the limit established by
Section 26.4 shall be sloped from that limit to less than 45 degrees off horizontal.
26.6 Except for entrances and exits, planting areas having a minimum width of 15 m (50 feet) and
consisting of a dense screen of shrubs and evergreen trees, minimum 1 metre (3 feet) high
when planted and of a type that will attain a minimum height of 6 m (20 feet) at maturity and
as well provide a year round visual barrier, shall be planted and maintained along any street
lot line and along any lot line abutting any Residential Zone.
26.7 SPECIAL PROVISIONS
(By-law 90 -10, Jackson)
26.7.4 Notwithstanding their 'M2' Zoning designation and Subsection 6.2, those lands described as
Part of Lot 69, Concession "A ", in the Township of Kincardine and delineated as 'M2- 90 -10'
on Schedule "A" to this By -law shall be used in compliance with the 'M2' Zone provisions
of this By -law and subject to the issuance and maintenance of a pit licence according to the
Aggregate Resources Act.
100
•► -' l it I •► •I ►l - �►. - '_ t..•
27.1 USES PERMITTED
No person shall within the M4 Zone use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following uses:
(a) Residential Uses
an accessory dwelling unit forming an integral part of the building or
structure containing a permitted non - residential use.
(b) Non- Residential Uses
light manufacturing establishments for the assembly of metal or wood
products, a furniture plant, a clothing or textile plant, a printing plant or the
manufacturing of paper products.
wholesale uses
bulk sales establishments
- construction contractors yard
- commercial parking lot
- transportation and communication and utility yards and terminals.
27.2 ZONE PROVISIONS
No person shall within any M4 Zone use any lot or erect, alter or use any building or
structure except in accordance with the following provisions:
•
Provisions Non - Residential
minimum lot area 4000 square metres
(private services) (43100 sq. ft.)
minimum lot area 3000 square metres
(1 or more communal services) (33000 sq. ft.)
minimum lot frontage 40 m (132 feet)
minimum front yard 15 m (50 feet)
minimum side yard 5 m (16 feet)
minimum rear yard 10 m (33 feet)
maximum lot coverage 15 %
101
(private services)
maximum lot coverage 25 %
(1 or more communal services)
minimum ground floor area 70 square metres (750 sq. ft.)
maximum height 15 m (50 feet)
27.3 PROVISIONS FOR ACCESSORY DWELLINGS
Any accessory dwellings shall comply with the provisions of Sections 6.23 and 6.24 of the
By -law, whichever is applicable.
•
27.4 SPECIAL PROVISIONS
102
SE LIi : - 'P• !\ \. 1.: I\
28.1 USES PERMITTED
No person shall within any I Zone use any lot or erect, alter or use any building or structure
for any purpose except for one or more of the following uses:
(a) Residential Uses
- an accessory dwelling unit or detached dwelling in conjunction with a
church and used as a residence by the minister, rabbi or other religious head
of the church congregation.
(b) Non - Residential Uses
a church
- a cemetery
a public school
a separate school
- a post office
- a private school
- an assembly hall
a private club
a private or public nursing home
a hospital
- a museum
- a library
a federal, provincial, county or municipal administration or maintenance
building
- a federal, provincial, county, municipal or school board recreation buildings,
parks and recreation facility.
28 ZONE PROVISIONS
No person shall within any I Zone use any land or erect, alter or use any building or structure
except in accordance with the following provisions:
Provisions No Municipal Either Municipal Municipal
Water or Sewer Water or Sewer Water and
Sewer
Minimum lot 4000 m 1800 m 550 m
area (43100 ft (19400 ft (6000 ft
Minimum lot 40 metres 30 metres 15 metres
103
frontage (132 feet) (100 feet) (50 feet)
Minimum lot 43 metres 33 metres 18 metres
frontage - (143 feet) . (110 feet) (60 feet)
corner lot
Minimum 7.5 metres 7.5 metres 7.5 metres
front yard (25 feet) (25 feet) (25 feet)
Minimum 10 metres 10 metres 10 metres
rear yard (33 feet) (33 feet) (33 feet)
Minimum 5 metres 5 metres 1.5 metres
side yard (16.5 feet) (16.5 feet) (5 feet)
•
Minimum 7.5 metres 7.5 metres 7.5 metres
exterior (25 feet) (25 feet) (25 feet)
side yard
Minimum 70 m 70 m 70 m (a)
ground floor area (755 ft (755 ft (755 ft
Maximum bldg 10 metres 10 metres 10 metres
height - main (33 feet) (33 feet) (33 feet)
building
Maximum bldg. 4 metres 4 metres 4 metres
height - (13 feet) (13 feet) (13 feet)
accessory building
Maximum lot 15 % 25 % 40 %
coverage
Footnote:
(a) Structures or buildings used for recreation, administration or maintenance shall
conform to the requirements of the above, save and except for the minimum ground
floor area which may be reduced to 30 square metres (320 square feet).
28.3 SPECIAL PROVISIONS
(By -Law 84 -35, Township Housekeeping)
28.3.1 Notwithstanding their "I" Zoning designation, the lands delineated as "I -1" in Schedule "A"
to this By -law shall only be used for the purposes of a snowmobile club in compliance with
the "I" Zoning provisions contained in this By -Law.
104
SE_CTIO► ' - ' • $ ■ 1 t • ► . ' : . . • eneral Open Space) - OS1
29.1 USES PERMITTED
No person shall within any 0S1 Zone use any lot or erect, alter or use any building or
structure for any purpose except for one or more of the following uses:
(a) Residential Uses
an accessory dwelling unit or detached dwelling in conjunction with a
permitted non - residential use.
(b) Non - Residential Uses
- parks, conservation areas, picnic areas, historic sites
campgrounds owned by a public authority
- golf courses
- buildings, structures and uses accessory to a permitted use.
29.2 SITE REGULATIONS
(a) Building set backs - 15 m (50 feet) from any lot line.
(b) Lot coverage - 10% maximum.
29.3 BUILDING REGULATIONS
(a) Maximum height - 10 metres (33 feet)
29.4 SPECIAL PROVISIONS
105
SECTION 30 - PROVISIONS FOR OPENSPACE ZONE 2 (Waste Disposal) 0S2
30.1 USES PERMITTED
No person shall within any OS2 Zone use any lot or erect or use any building or structure
for any purpose except for one or more of the following uses:
(a) Residential Uses
prohibited
(b) Non - Residential Uses
a waste disposal site
all uses permitted in the OS 1 Zone save and except for any buildings or
structures
(By - law No. 91 - 09, Township Housekeeping)
an accessory building for the purpose of administration or storage facilities
30.2 ZONE PROVISIONS
No person shall within any OS2 Zone use any lot or erect, alter or use any building or
structure except in accordance with the following provisions:
Provisions Non - Residential
minimum lot area 4 ha. (10 acres)
minimum lot frontage 10 m (33 feet)
maximum lot coverage 1 %
minimum setback from any lot 15 m (50 feet)
or street line for structures
minimum setback (dumping or 30 m (100 feet)
disposal of any waste material)
from lot line
maximum building height 10 m (33 feet)
minimum driveway separation 22 m (73 feet)
30.3 Except for entrances and exits, planting areas having a minimum width of 15 m (50 feet) and
106
consisting of a dense screen of shrubs and evergreen trees, minimum 1 metre (3 feet) high
when planted and of a type that will attain a minimum height of 6 metres (20 feet) at
maturity and as well provide a year round visual barrier, shall be planted and maintained
along any street lot line and along any lot line abutting any Residential Zone.
30.4 All 0S1 Zone uses permitted in an 0S2 Zone shall be subject to the 0S1 Zone provisions
regarding such uses.
30.5 SPECIAL PROVISIONS
107
l\ - ' .I Il\ • t \ 111\►U_ \ 'tI _. _ I\ : - _'
31.1 USES PERMLUED
No person shall within any EP zone use any lot or erect, alter or use any building or structure
for any purpose except for one or more of the following uses:
(a) Residential Uses
prohibited
(b) Non - Residential Uses
parks, conservation areas, picnic areas, historic sites
golf courses
riding clubs, liveries
agricultural uses but not livestock intensive agricultural uses
no building or structures shall be permitted except those necessary for flood
and/or erosion control purposes
31.2 SITE REGULATIONS
(a) Structure setbacks - 10 metres (33 feet) from any lot line.
(b) Maximum building size - 10 square metres (100 square feet)
31.3 BUILDING F A IONS
(a) Maximum height - 3 metres (10 feet)
31.4 SPECIAL PROVISIONS
(By -law 93 -10, Inverhuron)
31.4.1 Notwithstanding their `EP' Zoning designation, those lands described as Part of Lots 66 to
70, Concession "A ", in the Township of Kincardine (west side of Lake Street) and
delineated as 'EP -1' on Schedule A" to By -Law No. 82 -08, may be used in accordance
with the 'EP' Zone provisions contained in this By -Law, excepting however that:
i) all legally existing buildings and structures are permitted as they existed on the
date of the passing of By -Law No. 93 -10;
ii) the replacement, renovation or enlargement of existing buildings or structures
may be permitted provided that a connection to a municipal sewer system
approved under the Ontario Water Resources Act is obtained;
iii) 'Minimum Lot Area' shall be the lot area as it exists on the date of passing of By -Law
No. 93 -10;
108
iv) the 'Minimum Lot Frontage' shall be the lot frontage as it exists on the date of the •
passing of By -Law No.93 -10;
v) the 'Maximum Building Height' shall not exceed 1.5 storeys or 20 feet above grade
whichever is the lesser;
vi) for the purposes of this paragraph, Section 6.5 of By -Law No. 82 -08 shall not apply
as it relates to lots fronting upon a street with a perpendicular width of less than
66 feet;
vii) for the purposes of this paragraph, Section 6.13 and Section 6.29 of By -Law No. 82-
08, shall not apply;
viii) for the purposes of this paragraph where there is an established building line
extending on both sides of the lot, a building or structure may be erected closer to the
easterly lot line, provided such permitted building or structure is not erected closer
to the easterly lot line, than the established building line on the date of passing of By-
Law No. 93 -10; For the purposes of this clause, the Building Line will be
established from the perimeter of the dwelling unit and shall not include unenclosed
decks or open porches.
ix) the 'Minimum On -Site Parking' requirement shall be one space per dwelling unit,
the 'Minimum Width' of such space shall be 8 feet and the 'Minimum Length' shall
be 20 feet; and
x) no westerly expansion of any existing buildings or structures shall be permitted;
xi) northerly or southerly expansion of the most northerly and southerly limits of
existing buildings or structures may be permitted provided that such expansion does
not comprise more than a maximum of 25 percent of ground floor area of the
existing building or structure, as it exists on the date of passing of By -Law No. 93-
10; or, extend within 4 feet of the side lot line, whichever is the lesser.
(By - law 98 - 20, Doupe)
31.4.2 Notwithstanding their 'EP' zoning designation, those lands designated as 'EP- 98 -20' on
Schedule 'A' to this By -law, may be used in compliance with the EP zone provisions
contained in this by -law, excepting however, that:
i) open storage accessory to a permitted use within the C2 zone shall be permitted.
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32.1 USES PERMITTED
No person shall within a PD Zone use any lot or erect or use any building or structure, for
any purpose except for the following:
(a) uses, buildings and structures existing at the date of passing of this By -Law.
(b) uses permitted in the OS 1 and EP Zones provided that no buildings or structures are
erected.
(c) Non - Intensive Agricultural uses in accordance with the A2 Zone excluding any
buildings or structures used for human habitation.
32.2 SPECIAL PROVISIONS
32.2.1 Notwithstanding their PD Zoning designation, any detached residential dwelling existing at
the date of passing of this By -Law, may be expanded or enlarged provided that all of the 12.1
Zone Provisions contained in this By -Law are complied with.
(By - Law 84 - 16, Walleki)
32.2.2 Notwithstanding their "PD" Zoning designation, where lands are delineated as "PD -1" on
Schedule "A" to this By -law, an existing lot may be used for residential purposes and uses
accessory thereto in compliance with the "R1" Zone provisions contained in this By -Law,
excepting however that:
•
(i) the requirement for frontage on a public street shall not apply.
(By - Law 84 - 35, Township Housekeeping)
32.2.3 Notwithstanding their "PD" Zoning designation, those lands delineated as "PD -2" on
Schedule "A" to this By -Law may be used in compliance with the "R2" Zone provisions
contained in this By -Law, excepting however that:
(i) the requirement for frontage on a public street shall not apply.
(By - Law 85 - 11, Smiley)
32.2.4 Notwithstanding their 'PD' Zoning designation, those lands described as Part of Park Lot A,
Concession "A ", in the Township of Kincardine, and delineated by the zoning symbol 'PD -3'
on Schedule "A" to this By -Law, an existing lot may be used for residential purposes and
uses accessory thereto, in compliance with the 'R2' Zone provisions contained in this By-
Law, excepting however that:
i) the minimum lot frontage and area requirements shall not apply; and
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i i) notwithstanding any yard provisions of this By -Law, no person shall hereafter erect
any permanent building or structure closer than thirty (30) metres (100 feet) from the
top -of- bank of any body of water or watercourse.
(By - Law 86 - 22, Savage)
32.2.5 Notwithstanding their "PD" Zoning designation, those lands delineated as "PD -3" on
Schedule "A" to this By -Law may be used in compliance with the "R2" Zone provisions
contained in this By -Law, excepting however that:
i) the requirement for frontage on a public street shall not apply;
ii) the minimum lot frontage shall be 14.0 metres;
iii) the minimum lot area shall be 970.0 square metres.
(By - Law 88 - 08, Ballok)
32.2.6 Notwithstanding their 'PD' Zoning designation, those lands described as Part of Lot 64,
Concession "A ", in the Township of Kincardine, and delineated as 'PD -4' on Schedule "A"
of this By -Law shall be used in compliance with the 'R3' zone provisions contained in the
By -Law, expecting however that:
i) the minimum lot frontage shall be 36.8 metres; and
ii) the minimum lot area shall be 2.5 hectares.
(By - Law 88 - 25, Davey)
32.2.7 Notwithstanding anything in this By -Law to the contrary, those lands described as Lot 1,
Plan 491, Concession "A ", in the Township of Kincardine and delineated as 'PD -5' on
Schedule "A" to this By -Law, may be used for Seasonal Residential purposes in compliance
with the 'R2' Zone provisions contained in this By -Law, excepting however that:
i) the 'Minimum Exterior Side Yard' shall be 5.48 metres.
(By - Law 89 - 08, Hill)
32.2.8 Notwithstanding their 'PD' Zoning designation, those lands described as Part of Lot 25,
Concession "A ", Township of Kincardine and delineated as 'PD -7' on Schedule "A" to this
By -Law shall be used in compliance with the 'R2' Zone provisions contained in this By -Law
excepting however that:
i) Lot area shall be defined as the total horizontal area within the lot lines.
ii) Subsection 6.13(a) shall not apply.
iii) The 'Minimum Lot Frontage' shall be 20.11 metres (66 feet).
(By - Law 89 - 09, Remus)
32.2.9 Notwithstanding their 'PD' zoning designation, those lands described as Part of Lot 29,
Concession "A ", in the Township of Kincardine, and delineated as 'PD -6' on Schedule "A"
of this By -Law, shall only be used in compliance with the 'R2' Zone provisions contained
in this By -Law, excepting however that:
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i) the minimum lot area shall be 1,455 square metres;
ii) the minimum lot frontage shall be 22 metres; and
iii) the requirement of Subsection 6.5 for frontage on an improved street shall not apply.
(By - law No. 90 - 04, Bailey)
32.2.10 Notwithstanding their 'PD' Zoning designation, those lands described as Part of Lots 52 and
53, Concession "A ", in the Township of Kincardine and delineated as 'PD -8' on Schedule
"A" to this By -law, shall only be used in compliance with the 'R2' Zone provisions contained
in this By -law, excepting, however, that:
(i) the 'Minimum Lot Area' shall be 1,480 square metres;
(ii) the 'Minimum Lot Frontage' shall be 30 metres;
(iii) the requirement of Subsection 6.5 for frontage on an improved street shall not apply.
(By - law 91 - 11, Mitchell)
32.2.11 Notwithstanding their 'PD' zoning designation, those lands delineated as 'PD -9' on Schedule
'A' to this By -law may be used in compliance with the R2 zone provisions contained in this
By -law, excepting, however, that:
i) the lot frontage requirements may be reduced to 20 metres (66 feet).
(By - law 92 - 23, Thomson)
32.2.12 Notwithstanding their 'PD' zoning designation, those lands described as Part of Lot 25,
Concession 'A' in the Township of Kincardine and delineated as 'PD -10' on Schedule 'A' to
this By -law may be used for single family residential purposes in compliance with the 'Rl'
zone provisions contained in this By -law, and in compliance with Section 11.5 of this By-
law, excepting, however, that:
i) the requirement of Subsection 6.5 of this By -law for frontage on an improved street
shall not apply.
(By - law 93 - 03, Kokoski)
32.2.13 Notwithstanding their TD' zoning designation, those lands described as Part of Lot 27,
Concession 'A' in the Township of Kincardine and delineated as 'PD -11' on Schedule 'A' to
this By -law may be used for single family residential purposes in compliance with the 'R2'
zone provisions contained in this By -law, excepting, however, that:
i) the requirement of Subsection 6.5 of this By -law for frontage on an improved street
shall not apply.
(By - law 93 - 26, Hayhurst)
32.2.14 Notwithstanding their 'PD' zoning designation, those lands described as Part of Lot 51,
Concession 'A' in the Township of Kincardine and delineated as 'PD -12' on Schedule 'A' to
this By -law may be used for single family residential purposes in compliance with the 'R1'
zone provisions contained in this By -law, excepting, however, that:
112
i) the requirement of Subsection 8.3 of this By -law shall not apply; and,
ii) the `Minimum Distance Separation' that must be maintained from the barn located
to the northeast on Lot 52, Concession A shall be 375 feet.
(By - law 98 - 21, Thorn)
32.2.15 Notwithstanding their 'PD' zoning designation, those lands delineated as TD-98-21' on
Schedule 'A' to this By -law may be used for residential purposes in compliance with the 'R3
- Suburban Residential' zone provisions contained in this By -law, excepting, however, that:
i) Section 6.13(a), Watercourse Setbacks shall not apply.
ii) the `Minimum Distance Separation' that must be maintained from the barn located
to the northeast on Lot 52, Concession A shall be 375 feet.
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SECTION 33 - PROVIS FOR AIRPSLT ZONE - AP
33.1 USES PERMITTED
No person shall within an AP Zone use any lot or erect or use any building or structure, for
any purpose except for one or more of the following uses:
(a) Residential Uses
Prohibited
(b) Non - Residential Uses
an airport hangar
an airport strip
buildings, structures and uses accessory to a permitted use including
administration and control buildings, maintenance buildings, open storage
area and parking lot.
33.2 ZONE PROVISIONS
No person shall within any AP Zone use any lot or erect, alter or use any building or
structure except in accordance with the following provisions:
Provisions Non - Residential
minimum lot area Not applicable
minimum lot frontage 30 metres (100 feet)
minimum building setbacks
front yard 45 metres (150 feet)
(By - Law 84 - 35, Township Housekeeping)
side yard 10 metres (30 feet)
rear yard 15 metres (50 feet)
maximum lot coverage 30 %
maximum number of driveways 2 per lot
33.3 No open storage area shall be permitted except in accordance with the following provisions:
i) no open storage area shall be permitted in a front yard or exterior side yard
ii) every open storage area shall be enclosed by a wall or fence not less than 2 metres
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(6 feet) in height, constructed of uniform material, and erected no closer to any lot
line than the required minimum building setbacks; and
iii) no portion of any open storage area for combustible material shall be located closer
than 30 metres (100 feet) or the required minimum building setback, whichever is
the greater, to any lot line.
33.4 SPECIAL PROVISIONS
(By -Law 84 -21, Sieber)
33.4.1 The lands shown as 'AP- 84 -21' on the Schedule "A" to this By -Law shall only be used in
compliance with the 'AP' Zone provisions contained within this By -Law excepting, however
that:
(i) the minimum lot area shall be 12.95 hectares;
(ii) for the purposes of this Subsection, the lot line shall be deemed to be the lot line
abutting Provincial Highway No. 21;
(iii) notwithstanding Subsection 6.17.1, a minimum of 20 off - street parking spaces shall
be provided;
(iv) the uses permitted within this Zone shall be limited to the following and shall locate
only in the "AREA" designated for their use on the Schedule "F -1" of this By -Law.
PERMITTED USES
Area A: - a maximum of four (4) airport hangars
buildings, structures and uses accessory to a permitted
use including administration and control buildings,
maintenance buildings, open storage area, parking lot,
and aircraft and vehicle access routes. •
Area B: - aircraft and vehicle access routes
agricultural uses, provided no buildings or structures
are erected
Area C: - an accessory detached dwelling for the owner,
manager or caretaker of the uses permitted within an
"AP- 84 -21" Zone.
(By - Law 86 - 05, Township)
33.4.2 Notwithstanding their 'AP' Zoning designation, those lands delineated as 'AP- 86 -05' on
Schedule "A" to this By -Law, shall only be used for the following:
(a) uses permitted by the 'Al' Zone, in compliance with the 'Al' Zone provisions
contained in this By -Law, excepting however that:
(i) the minimum lot frontage and minimum lot area requirements shall not
apply.
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(b) uses permitted by the 'AP' Zone, in compliance with the 'AP' Zone provisions
contained in this By -Law.
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SECTION 34 - ENACTMENT
34.1 CONFLICT WITH OTHER BY -LAWS
In the event of any conflict or inconsistency between this By -Law and any other general
or special By -Law of the Corporation, the provisions of this By -Law shall prevail.
34.2 REPEAL OF EXISTING BY - LAWS
From the coming into force of this By -law all previous By -laws passed under Section 39
of The Planning Act or a predecessor thereof, shall be deemed to have been repealed.
34.3 EFFECTIVE DATE
This By -Law shall come into force on the date it is passed by Council subject to the
provisions of The Planning Act, R.S.O. 1980 and amendments thereto.
READ A FIRST TIME THIS 23RD DAY OF MARCH, 1982
READ A SECOND TIME THIS 23 DAY OF MARCH, 1982
READ A THIRD TIME AND FINALLY PASSED THIS 23 DAY OF MARCH, 1982.
Muriel Eskrick
CLERK REEVE
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